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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Shankar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J.
All the six petitions are taken up together for final disposal with the consent of learned counsel for the parties since all the six petitions arise out of the same FIR and prayer in all the six cases is for the grant of regular bail.2. All the six petitions have been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioners in FIR No.144 dated 29.10.2020, under Sections 21/27-A/29 & 21-C/25/27 (added later on) of NDPS Act, registered at Police Station STF Phase-4, Mohali, District SAS Nagar.
3. All the learned counsels for the petitioners in all the aforesaid cases submitted that the allegations in the present case were that the police received a secret information with regard to coming up of two cars, one was Endeavour and second was Maruti Ciaz and huge contraband could be seized from the aforesaid two cars. Thereafter, when the Endeavour car was intercepted on 01.11.2020, then there was a recovery of 18 kgs. of Herion and 6 kgs. of ICE having salt of Amphetamin from the aforesaid Endeavour car and from the car, one of the co-accused namely, Manjeet Singh @ Munna was arrested. The aforesaid accus
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....
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 custody without trial justifies bail under Article 21, emphasizing the necessity of timely prosecution to uphold fundamental rights.
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