PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Harwinder Singh Alias Kaju – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J.
The present is a second petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.196 dated 07.08.2021, under Section 21 of the NDPS Act, 1985, registered at Police Station City Tarn Taran, District Tarn Taran.2. It has been submitted by learned counsel for the petitioner that the petitioner is in custody for 2 years and 7 months and as per the allegation, there had been a recovery of 415 grams of Heroin from the present petitioner and 288 grams of Heroin from the other co-accused, namely, Buta Singh. She submitted that the aforesaid co-accused, namely, Buta Singh has already been extended the benefit of regular bail by a Co-ordinate Bench of this Court in CRM-M-12462-2023 on 24.01.2024 on the ground of delayed trial. She further submitted that it is a case where the petitioner has been falsely implicated because of the fact that earlier he was involved in three more cases under the NDPS Act, out of which, in two cases he has already been acquitted and in one case he was convicted and one more case under the Gambling Act. She further submitted that in the present case, the
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 detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
Prolonged incarceration and delay in trial can justify bail even in cases involving commercial quantities under the NDPS Act; the bar under Section 37 may be overridden based on clean antecedents and....
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