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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Khalara Singh @ Munna @ Khari@ Khlara – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasgurpreet Singh Puri, J. (Oral)
CRM-11039-2024 in CRM-M-59819-2023
Present application has been filed for placing on record copy of judgments as Annexures P-7 to P-12.
Application is allowed as prayed for subject to all just exceptions.
The accompanying documents are taken on record as Annexures P-7 to P-12.
Main cases
1. Both the present petitions are taken up together for final disposal with the consent of learned counsel for the parties since both the petitions arise out of the same FIR and the prayer in both the cases is for the grant of regular bail.
2. Both the 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.09 dated 21.01.2023, under Sections 21 of NDPS Act and Section 25 of Arms Act, 1959, registered at Police Station Mamdot, District Ferozepur.
3. The brief facts of the present case are that the present FIR was registered against 09 named and 10 unnamed persons on the basis of secret information received by the police that there will be delivery of contraband and arms across the border and in pursuance of the same there was a recovery of 02 kgs of heroin, one pistol and two magaz
Prolonged detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
Prolonged custody without trial justifies bail under Article 21, emphasizing the necessity of timely prosecution to uphold fundamental rights.
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.
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