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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Kuldeep – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
This is the first petition filed under Section 439 of Cr.P.C. seeking grant of regular bail to the petitioner in the case bearing FIR No. 128 dated 10.04.2023 registered under Sections 21(B) (Section 29 of NDPS Act subsequently added) at Police Station Faridabad Old, District Faridabad.
2. In brief, the prosecution story is that on 10.04.2023, Sub Inspector Sunder Singh with Constable Sanjay 2914 and Constable Surinder 728 were present in old Mandi for Crime Investigation where informer khas visited and informed that a person named Sunder @ Guruji who is from Mewat, is sitting in his white colour Tata Punch car near Old Bhadana Office, who has intoxicant smack(Heroin). If raid is conducted then he can be apprehended with the contraband. Finding the information being reliable, raid was conducted and it was found that a young man was sitting in the white coloured Tata Punch car number bearing registration No. HR72-G-0914. On the basis of suspicion, young boy was apprehended. Then upon interrogation, individual told his name as Sunder @ Guruji. A notice under under Section 50 of NDPS Act was given to said Sunder @ Guruji about searching the dashb
The court emphasized the preservation of rights under Article 21, allowing bail for offenses with less than commercial quantities when trial delays occur and no witnesses have been examined.
Involvement in other criminal cases cannot be the sole ground to deny bail.
The central legal point established in the judgment is the consideration of conscious possession of contraband and the factors influencing the grant of regular bail under the NDPS Act.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and prolonged detention without trial can justify the grant of bail, despite stringent conditions under the NDPS Act.
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