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JASJIT SINGH BEDI
Jaswant Kaur @ Kulwant Kaur @ Bant – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in this second petition under Section 439 Cr.P.C is for the grant of regular bail to the petitioner in case bearing FIR No.02 dated 05.01.2023 under Sections 15, 29 of the NDPS Act, 1985 and Sections 353, 332, 333 and 186 IPC registered at Police Station Khanauri, District Sangrur.
2. The brief facts of the case are that secret information was received to the effect that Harwinder Singh @ Mintu (since granted the concession of bail vide order dated 15.07.2024, Annexure P-5), Jaswant Kaur @ Kulwant Kaur @ Bant (petitioner) and Krishan Singh (since granted the concession of bail vide order dated 15.07.2024, Annexure P-4) were habitual of selling poppy husk and would be travelling in their vehicle bearing registration No.HR-31H-8444. If they were nabbed, a huge quantity of poppy husk could be recovered.
Based on the information received, a barricade was set-up and 150 kgs. of poppy husk came to be recovered from them.
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 had not been complied with in their proper pers
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 to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
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.
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.
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