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JASGURPREET SINGH PURI
Sukhchain Singh Alias Kaka – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition details and legal basis for bail. (Para 1) |
| 2. arguments regarding custody and prosecution delay. (Para 2 , 3) |
| 3. court's examination of trial delays and effects on article 21. (Para 5 , 6) |
| 4. judicial interpretations regarding bail under ndps act. (Para 7 , 8 , 9) |
| 5. application of bail considerations under section 37 of ndps act. (Para 10) |
| 6. final ruling on granting bail to the petitioner. (Para 11 , 12 , 13) |
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.169 dated 16.05.2022, under Sections 22 (c), 61, 85 of the NDPS Act and Section 29 of the NDPS Act added later on, registered at Police Station City Faridkot, Punjab.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody for the last about 1 year and 3 months and in the present case, there was an alleged recovery of 255.45 grams of Tramadol from the petitioner, which is slightly higher than the commercial quantity as per the NDPS Act. He further submitted that the petitioner has clean antecedents and has no criminal background except for
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
Prolonged incarceration and delay in trial can justify bail even in cases involving commercial quantities under the NDPS Act; the bar under Section 37 may be overridden based on clean antecedents and....
Prolonged detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
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