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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Tarun Shrama @ Tarun – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 439 Cr.PC for the grant of regular bail to the petitoiner in case FIR No.155 dated 02.09.2021 under Sections 22(C) of the NDPS Act, 1985 registered at Police Station Division 'E' District Police Commissionerate Amritsar.
2. The brief facts of the case are that while the police party was on patrolling duty, a secret information was received that Santokh Singh (granted bail vide order dated 07.12.2023 in CRM-M-22475-2023) and Tarun Sharma @ Tarun (petitioner) along with Tanu Arora (granted bail vide order dated 22.12.2023 in CRM-M-63876-2023) had formed a gang for supplying intoxicants tablets. Both Santokh Singh and Tarun Sharma @ Tarun were riding on a Activa scooter bearing registration No. PB-02-CJ- 2652 and with an intention to sell the intoxicant tablets were going towards Sai Sewa Bazaar. If a Nakabandi was set up, they could be apprehended.
Based on the information, a Nakabandi was set up and the Activa scooter was seen coming to the spot. The driver of the Activa disclosed his name as Santokh Singh and the pillion rider as Tarun Sharma @ Tarun. The recovery of 53100 intoxicant tablets contai
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the significance of the duration of custody and absence of criminal antecedents.
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
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