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HARPREET SINGH BRAR
Shamsher Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. This is fourth petition filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail in case bearing FIR No. 198 dated 23.09.2022 under Section 22 (Act No. 61) of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Dhuri, District Sangrur.
2. The first and second petition i.e. CRM-M-35724-2023 and CRM-M-55892-2023 were dismissed as withdrawn on 31.07.2023 and 15.11.2023, respectively and third petition i.e. CRM-M-9663-2024 was dismissed on merits vide order dated 29.02.2024.
3. Learned counsel for the petitioner submits that this fourth petition for grant of regular bail to the petitioner has been filed on the ground that in spite of issuance of non-bailable warrants, the prosecution has failed to produce its witnesses and a period of more than two years has lapsed from registration of FIR (supra), the prosecution has not been able to conclude its evidence.
4. The present FIR was registered on the basis of a secret information received by ASI Hakam Singh on 23.09.2022 to the effect that Shamsher Singh (petitioner), who was habitual of selling intoxicant tablets, was g
Prolonged detention without trial violates the right to a speedy trial under Article 21 of the Constitution of India.
The right to a speedy trial under Article 21 can justify bail in drug cases despite stringent NDPS Act provisions, when trial delays are unreasonable.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and prolonged detention without trial can justify the grant of bail, despite stringent conditions under the NDPS Act.
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
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