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SANDEEP MOUDGIL
Simranjit Singh Alias Kaka – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J. (Oral)
The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 129, dated 13.07.2023, under Section 15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Machhiwara, District Khanna/Ludhiana.
2. Learned counsel for the petitioner contends that arrest of the petitioner along with the alleged recovery of poppy husk is planted one. He would refer to the photographs attached with the petition i.e. Annexures P-2 and P-3 respectively to show that the police has shown registration of the FIR and arrest of the petitioner on 13.07.2023 wherein at serial No. 3(b) the date of information received at police station is 13.07.2023 at 14:52 hrs (2:52 PM) and a general diary reference was also made at entry No. 024 with the even date and time. The FIR came to be registered on that very date as is evident from vernaculars of the said document at 3:42 PM at police station Machhiwara, District Khanna whereas while referring to the photograph Annexure P-3, the police officials can be seen entering the house of the petitioner along with servant of the presen
The court emphasized the right to bail as a rule and the necessity of a speedy trial, ruling that prolonged detention without charges violates constitutional rights.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involvi....
The court emphasized the application of Article 21 of the Constitution and the petitioner's custody period in granting bail under the NDPS Act.
The court considered the petitioner's claim of innocence, lack of criminal antecedents, and the completion of investigation as grounds for granting bail.
The decision emphasizes the importance of considering the circumstances of the case, including the lack of recovery and the petitioner's custody, in determining whether to grant regular bail under th....
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
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