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JASJIT SINGH BEDI
Rajesh Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.176 dated 28.11.2022 under Sections 21 and 22 of the NDPS Act, 1985 registered at Police Station Anaj Mandi, Patiala, District Patiala.
2. The brief facts of the case are that Rajesh Kumar (petitioner) came to be apprehended with 920 intoxicating capsules.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was a first-time offender, in custody since 28.11.2022 and none of the 15 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soon. Therefore, the petitioner was entitled to the concession of bail in view of the judgment of the Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan v. The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022,
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the significance of the duration of custody and absence of criminal antecedents.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
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