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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Kuldeep Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J.
The present is a third petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.13 dated 09.02.2021, under Sections 22(c) & 25 of the NDPS Act, 1985, registered at Police Station Raman, District Bathinda.
2. It has been submitted by learned counsel for the petitioner that although the present petition is a third successive bail petition but now the custody of the petitioner is 3 years and 2 months and it is a case where the petitioner has been falsely implicated. He further submitted that as per the allegation, the petitioner was found in possession of 10,000 tablets of Tramadol which although falls in the category of commercial quantity but considering the facts and circumstances of the present case, the bar contained under Section 37 of the NDPS Act will not apply in the present case.
3. While substantiating his arguments, learned counsel submitted that it is a case where the charges were framed by the learned trial Court on 07.10.2021 and more than 2 years and 7 months have elapsed but no material witness has been examined till date and only 4 witnesses have been examin
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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