Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Balwant Ram Alias Balwant Singh Alias Banta – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
1. This petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail in case F.I.R. No.076 dated 08.09.2022 registered under Sections 22-61-85 of the NDPS Act (Section 27 of the NDPS Act added later on) at Police Station Naya Gaon, District SAS Nagar, Mohali (Punjab).
2. As per the case of the prosecution, during routine checking the petitioner was found to be in conscious possession of 12 injections of Buprenorphine and 9 vials of Avil Pheniramine Maleate Injection IP 10 ml each. He is guilty of being in possession of 23.929 grams of Buprenorphine which is commercial quantity being more than 20 grams. The petitioner is behind bars for more than 1 year and 11 months. Out of 12 cited witnesses only 3 could be examined till now.
3. Ld. Counsel further relies upon order passed by Apex Court in the case of Rabi Prakash Vs. The State of Odisha passed in Special Leave to Appeal (Crl.) No(s). 4169 of 2023 decided on 13.07.2023 wherein it has been held as under:
"4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent - State has been duly heard. Thus, the 1st condition stands complied
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
