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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Joga Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in this third petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.0058 dated 28.03.2022 under Sections 21(c), 25 and 29 of the NDPS Act, 1985 read with Section 25 of the Arms Act (Sections 379, 411 and 489 IPC added later on) registered at Police Station Special Task Force, STF Wing, Mohali.
2. Sher Singh (since granted bail vide order dated 29.01.2024 passed in CRM-M-3293-2024) and Joga Singh (petitioner) came to be apprehended with 500 grams of heroin alongwith weapons and cartridges.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act had not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. He contends that the petitioner is involved in one other case registered against him bearing FIR No.163/2019 dated 23.10.2019 under Section 22, 61,85 NDPS Act, Police Station Sarhali, Tarn Taran. In the present case, as the petitioner was in custody since 28.03.2022 and only 15 out of the 23 prosecution witnesses had be
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the significance of the duration of custody and absence of criminal antecedents.
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
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