PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Kulwinder – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral)
Present petition has been filed under Section 439 Cr.P.C./483 of the Bharatiya Nagrik Suraksha Sanhita for grant of regular bail to the petitioner in case bearing FIR No.0123 dated 15.04.2022, registered for the offences punishable under Sections 22, 61 & 85 of the NDPS Act at Police Station City Ferozepur City, District Ferozepur.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
'Station House Officer, City Ferozepur, Sat Sri Akal, Today along with Inspector ASI Narinderpal No. 628/FIRO- ASI Rajpal No. 1235/FIRO, HC Joginder Singh No. 145/FIRO, Lady Senior Constable Kulbir Kaur No. 50/FIRO PHG Sandeep Singh No. 22759 on a Government Vehicle No. PB05-R-9848 whose driver ASI Sukhdev Singh No. 365/FIRO were Patrolling and checking in relation to suspicious men, in the area of the Police station Cantt Ferozepur and the police station City Ferozepur. When the police party reached Bagdadi Gate in Ferozepur city while patrolling, the informant stopped my vehicle by signalling and pulled me over to the side and informed me that Kulwinder son of Ruldu, resident of Janta Preet Nagar, Ferozepur City
The right to a speedy trial is fundamental, and prolonged incarceration without justifiable cause infringes on the accused's rights, warranting bail under stringent provision scrutiny.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
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