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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Paramjit Singh Alias Pamma – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral) -
1. Relief Sought
This petition has been filed under Section 439 Cr.P.C. for grant of Regular bail to the petitioner in FIR No. 104 dated 03.08.2023 U/s 15 (C), 29 of NDPS Act, 1985 P.S. Goraya District Jalandhar (Rural).
2. Prosecution story set up in the present case as per the version in the FIR reads as under
'SHO P.S. Goraya, Jai Hind. Today I SI alongwith ASI Surinder Mohan 53 alongwith laptop, ASI Jinder Pal Singh 05, S/CT Gurjeet Singh 1193, ASI Satnam Singh 765 on government vehicle Bolero having No. PB-08-DS-0863 whose driver was PHG Shinder Pal 29725 were on patrolling and search of bad persons and were present near Radio Station, Gohavar. There secret informer gave information to me that Sushant Kalsan son of Suresh Kumar resident of Sheela Kheri P.S. Safidon, District Jind, Haryana and Akshay son of Satyawan resident of Sheela Kheri P.S. Safidon, District Jind Haryana and Paramjit Singh @Pamma son of Inderjit Singh R/o Bhamian Kalan P.S. Jamalpur District Ludhiana do the business of selling poppy husk on large scale. Today also these three persons are coming from Jammu in Canter bearing No. HR-56-A- 6601 and have concealed heavy quanti
The court emphasized the application of Article 21 of the Constitution and the petitioner's custody period in granting bail under the NDPS Act.
Courts consider recovery quantity, merits of the case, and custody period in granting bail under the NDPS Act.
The court prioritized the fundamental right to a speedy trial over statutory restrictions on bail under the NDPS Act, allowing bail due to prolonged incarceration and procedural non-compliance.
Prolonged incarceration and delay in trial can justify bail even in cases involving commercial quantities under the NDPS Act; the bar under Section 37 may be overridden based on clean antecedents and....
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
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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