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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Arwinder Singh Sidhu – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Section 439 CrPC, petitioner prays for his release on regular bail in case F No.DR/LDZU/855/INT-02/2021 under Sections 8, 20, Tl-K, 29 and 60 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') registered at Police Station Division No. 5, Ludhiana against the petitioners and others.
2.1 This is the second petition for this purpose. The earlier petition bearing CRM-M-1040-2024 was dismissed as withdrawn vide order dated 07.03.2024 (Annexure P3) with liberty to file fresh petition after impleading the complainant of the case i.e. DRI as a party to the petition.
2.2 . Status report has been filed by Sh. Sahil Razmee, Intelligence Officer, DRI (ZU), Ludhiana.
3.1 As per allegations, intelligence report was received by DRI unit of Ludhiana to the effect that cannabis (ganja) is stored in a godown premises situated at Village Mangli Nichi, Sahnewal, District Ludhiana. Said report was reduced into writing and submitted to the superior officers. The godown premises were searched by the officers of DRI Unit on 08.09.2021. On knocking the main door, one person, who introduced himself as Shivam Sing
The main legal point established in the judgment is that the delay in trial and non-compliance of certain provisions of the NDPS Act can violate the constitutional rights of the accused under Article....
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
The court ruled that under the NDPS Act, bail requires reasonable grounds for believing the accused are not guilty and unlikely to offend again, regardless of detention length.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
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