Back
HARPREET SINGH BRAR
Sanjay Singh @ Ajay – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Prayer in this 3rd petition filed under Section 483 of the BNSS , 2023, is for grant of regular bail to the petitioner in FIR No.10 dated 08.04.2023 registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’) at Police Station GRP Sirsa, District GRP Ambala (wrongly mentioned “Khuian Sarwar, District Fazilka” in the prayer clause of the petition).
2. Learned counsel for the petitioner submits that the 2nd petition seeking regular bail to the petitioner was dismissed as withdrawn on 06.08.2024 and now, the instant 3rd petition has been filed on account of delay in conclusion of the trial and the petitioner is behind the bars for the last 01 year and 10 months and out of 10 PWs only 02 PWs have been examined.
3. As per the prosecution case, on 08.04.2023, at around 11:20 hrs, SI Ranbir Singh and his team were performing routine duties at Mandi Dabwali Railway Station when they observed a young man, Sanjay Singh @ Ajay, acting suspiciously while carrying a red backpack. When approached, the suspect appeared nervous and tried to turn back but was immediately apprehended. Upon questioning, he failed to
Undue delay in trial justifies granting bail, even under stringent provisions of the Narcotic Drugs and Psychotropic Substances Act.
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
