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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Sulakhan Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
Relief Sought
The jurisdiction of this Court has been invoked under Section 439 Cr.P.C., seeking regular bail to the petitioner in case FIR No.149 dated 14.11.2022, under Sections 21/22/29 of NDPS Act, 1985 registered at Police Station Lohian, District Jalandhar.
2. Facts
Facts as narrated in the FIR reads as under:-
"Main officer, Ponce station Lohian, Jai Hind. Today I ASl along with ASI Avtar Singh no. 179, C/Ct Ramandeep Singh 1310, S/ct Harjinder Singh 1268, S/ct Harjit Singh 1151 with laptop and printer were patrolling on government car Balero camper no. PB 08 DS 0859, whose driver was S/ct Lovedeep Singh 1312 for checking of suspicious persons and were present on T-point Lohian Khas. Informer came to me, ASI and gave information that Sulakhan Singh @ Sulakhan son of Joga Singh resident of Village Makhi, police station Lohian along with Amarbir Singh @ Amna son of Balwinder Singh resident of Kakhar Kalan, Police station Lohian are on a motorcycle and Jatinderjit Singh @ Jeetu son of Avtar Singh resident of Kakkar Kalan, Police station Lohian is on his Activa Scooter black colour and Gurnam Singh @ Raja son of Gurdip Singh resident of Sahajhanpu
The presumption of innocence is fundamental, and bail is the general rule, particularly when the accused has not been directly implicated and has suffered significant pre-trial detention.
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.
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 presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
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