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MANJARI NEHRU KAUL
Jagjeet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral)
The petitioner is seeking the concession of bail under Section 439 Cr.P.C. in case FIR No.35 dated 28.02.2022 under Sections 15(c)/25/27/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Talwandi Sabo, District Bathinda.
2. Learned counsel for the petitioner inter alia contends that he has been in custody since 22.02.2022 in the instant case; as per the allegations levelled in the FIR, he was apprehended at the spot along with co-accused Tarsem Singh, who has since been extended the concession of bail by this Court on 05.03.2024. Learned counsel has submitted that the petitioner has been languishing in custody awaiting the conclusion of trial, however, there seems no likelihood of the same concluding any time in the near future as it is a matter of record that the prosecution witnesses had been time and again absenting themselves before the trial Court, as a result of which recording of the evidence of all these witnesses has not even been completed. Learned counsel has submitted that in the circumstances, the petitioner cannot be made to languish in custody for reasons attributable to the prosecution a
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
Prolonged incarceration without trial due to absent witnesses can justify bail under the NDPS Act, emphasizing the right to a speedy trial.
The right to a speedy trial is fundamental and cannot be compromised by prosecution negligence, warranting bail for the accused.
The right to life and personal liberty includes the right to speedy trial, and courts should interfere to secure the personal liberty of an under trial when the trial is being delayed for reasons not....
Bail can be granted when investigation is complete and trial is unlikely to conclude in a reasonable time, especially when no contraband was recovered from the petitioner.
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
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