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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Sukhwinder Singh Alias Bagga – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Pankaj Jain, J.
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.285 dated 26.09.2022 registered for the offences punishable under Sections 15-C, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') at Police Station Phillaur, District Jalandhar (Rural).2. Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.
3. As per the case of the prosecution a secret information was received to the effect that the present petitioner along with co-accused are indulging in drug trade by procuring the same from M.P. and are waiting for their customer in Truck bearing No.PB-08-EW-4619. It is claimed that after the raid was conducted, the petitioner was found sitting on the driver seat.
On search 150 kg of poppy husk was found concealed under the bags of onions in the said truck and the same was recovered.
4. Counsel for the petitioner submits that dehors the merits of the case the petitioner has already faced incarceration for more than 1 year, 06 months and 17 days and has clean antecedents. Challan already stands presented and the charges
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.
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
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