Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Parkash Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J. (Oral)
The present is a third petition filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.48 dated 17.03.2022, under Section 15 of the NDPS Act (Section 25 of the NDPS Act added later on), registered at Police Station Guruharsahai, District Ferozepur, Punjab.2. Learned counsel for the petitioner submitted that it is a case where allegedly the petitioner was travelling in a truck and was sitting on the cabin seat of the truck and there had been a recovery of 70 kgs. of poppy husk from the said truck and so far as the present petitioner is concerned, he was only a passenger and he has clean antecedents and is not involved in any other case. He further submitted that the aforesaid quantity is marginally higher than the commercial quantity as defined under the NDPS Act but considering the fact that now the petitioner is in custody for more than 2 years and the charges in the present case were framed by the learned trial Court on 01.10.2022, which is more than 1 year and 6 months ago and till date only 3 prosecution witnesses have been examined and that too in chief only and there has be
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 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 detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
