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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Karan Alias Noni – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case bearing FIR No.92 dated 04.05.2021 registered under Section 22 of the NDPS Act, 1985 registered at Police Station Rama Mandi, District Police Commissionerate, Jalandhar (Annexure P-1).2. The present FIR has been registered on the allegation that on 04.05.2021, the police party was present in the area of Damoria Pull, Qazi Mandi Road, Jalandhar, in a private vehicle for intercepting anti social elements. In the meantime, one person was seen coming from the Qazi Mandi side carrying a bag on his back. On seeing police party, he became perplexed and tried to slip away who was apprehended by the police party and on inquiry, he disclosed his name as Karan @ Noni (the petitioner herein). Thereafter, the search was conducted and 20 injections marked Pheniramine Maleate Avil, 10 ml Vial Intramuscular inject and 20 injections of Buprenorphine I.P. Rexogesic 2 ml Ampoule were recovered from his bag. The contraband recovered from the possession of the accused were taken into possession and FIR (supra) was registered.
3. Learned counsel for the petitioner inter alia
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.
The main legal point established in the judgment is the recognition of the right to speedy trial under Section 36 of the NDPS Act and the balance between this right and the rigors of Section 37 in gr....
Prolonged detention without trial violates the right to a speedy trial under Article 21 of the Constitution of India.
The right to a speedy trial is fundamental, and prolonged incarceration without justifiable cause infringes on the accused's rights, warranting bail under stringent provision scrutiny.
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