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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Jagandeep Singh – Appellant
Versus
State of Punjab – Respondent
ORDER :
Kirti Singh, J. (Oral)
1. The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.49 dated 01.06.2022, under Sections 22-61-85 of NDPS Act, registered at Police Station Qila Lal Singh, District Gurdaspur.2. The brief facts of the case are that on 01/06/2022, a secret information was received by police and on raid conducted by the police party at the house of petitioner, 250 intoxicating tablets were recovered under the cover of double bed and 140 intoxicating tablets were recovered from accused petitioner-Jagandeep Singh which was carried by him in a poly bag kept in right pocket of his trousers.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and there is non-compliance of mandatory provisions of Sections 42 and 50 of the NDPS Act. He also submits that there are set of different recoveries, however a single memo has been prepared by the police authorities. He has undergone an actual custody of 01 year, 06 months and 19 days and there is no other case pending against him.
4. Learned counsel for the petitioner further submits that charges were f
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.
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