PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Inderjit Singh @ Indu – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Kuldeep Tiwari, J. (Oral)
Through the instant petition, filed under Section 483 of the BNSS, 2023, the petitioner prays for grant of relief of regular bail in case FIR No.146 dated 06.12.2023 (Annexure P-1), under Sections 22 of the NDPS Act, 1985 (charges framed under Sections 22/29 of the NDPS Act), registered at Police Station Sadar Hariana, District Hoshiarpur.
2. On asking for the relief (supra), learned counsel for the petitioner submits, that as on today, no prosecution witness has been examined, out of total 10 witnesses, as cited by the prosecution, in the final report. She further submits that the petitioner has suffered incarceration of more than 01 year, as on today. Finally, she submits that the petitioner is not involved in one other case, nor he has been previously convicted, in any other case, and has clean antecedents.
3. In the instant case, the petitioner was apprehended with 259 grams of intoxicant powder, containing the salt 'Tramadol Hydrochloride' which undisputedly falls under the ambit of commercial quantity, as per the schedule attached with the NDPS Act.
4. Though the learned counsel for the petitioner had addressed the arguments on merits of the in
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
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 outweigh the rigors of Section 37 of the NDPS Act in cases of prolonged custody without trial.
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