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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Hari Lal @ Harish – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 439 Cr.P.C is for the grant of regular bail to the petitioner in case bearing FIR No.346 dated 09.08.2022 under Sections 22-C and 29 of the NDPS Act, 1985 and Sections 3, 4 and 5 of the Medical Termination of Pregnancy Act, 1971 registered at Police Station Chandhut, District Palwal.2. The brief facts of the case are that one Hari Lal @ Harish (petitioner), owner of Diksha Medical Store was apprehended with his car was found containing 2460 tablets of Alprasafe, 103 Ampoules, Tramwel Injection of 2 ml each, 134 Ampoules, Perizocine Injection and 180 tablets of Ativan besides other drugs.
3. The arrested accused made a disclosure statement naming one Sonu (since granted bail vide order dated 03.05.2023 passed in CRM-M-21322-2023, Annexure P-3), resident of Aligarh and Sanjay Kumar, resident of Kosi Kalan (U.P.). Accused-Sonu was arrested on 12.09.2022 and disclosed that he had procured the drugs from Yogender Kumar @ Pankaj (since granted bail vide order dated 09.05.2023 passed by the Additional Sessions Judge, Palwal, Annexure P-4), resident of Aligarh.
Accused-Yogender Kumar @ Pankaj was arrested on 14.
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the significance of the duration of custody and absence of criminal antecedents.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
The court can consider the grant of bail in NDPS cases despite possession of commercial quantity of contraband, based on substantial custody period and delay in trial.
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