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JASJIT SINGH BEDI
Mandeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J.
This 3rd under Section 439 Cr.PC is for the grant of regular bail in case FIR No.63 dated 22.02.2022 registered under Section 22 of the NDPS Act, 1985 (Section 27 of the NDPS Act, added later on) at Police Station City Budhlada, District Mansa.
2. The brief facts of the case are that while the police party was on patrolling duty two youth were apprehended. One of the persons disclosed his name as Sandeep Singh (granted bail vide order dated 21.09.2023 passed in CRM-M-35777-2023) son of Sambhu Singh whereas the other disclosed his name as Mandeep Singh (petitioner) son of Harmander Singh. The recovery of 15 vials of Omerex and 300 tablets of Carisoma effected from the petitioner-Sandeep Singh and the recovery of 15 vials of Omerex and 300 tablets of Carisoma was effected from Mandeep Singh.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. There was violation of mandatory provisions of the Act regarding search and seizure including Sections 42 and 50. The petitioner was in custody since 22.02.2022 and only 01 out of the 12 prosecution witnesses had been examined so far. Therefore,
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 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 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 can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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