PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Baljinder Singh @ Kalu @ Don – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral) :
This is the third petition under Section 439 of Cr.PC. for grant of regular bail in case bearing FIR No. 125 dated 01.07.2019 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Shahkot, District Jalandhar Rural.
2. On 01.07.2019, the police party was patrolling the area of Kotli Gajran in a private vehicle when they saw the petitioner walking on foot, carrying a plastic bag in his right hand. He was apprehended on suspicion and his consent to search him was obtained. Consequently, 100 strips of Clovidol-100, with 10 tablets in each strip, were recovered. Subsequently, a ruka was sent and FIR (supra) was registered against the petitioner. On chemical analysis, it was found that the recovered contraband contained 409 gms of Tramadol.
3. Learned counsel for the petitioner inter alia contends that the present petition is the third attempt by the petitioner to seek grant of regular bail and has been filed on account of delay in conclusion of trial. The first and second petitions were dismissed as withdrawn vide orders dated 05.01.2024 and 18.09.2024, respectively. He further contends that the
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.
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