PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Hardeep Singh @ Deepu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. Prayer in this 2nd petition filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.28 dated 23.02.2024 registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act') (Section 21(c) of the NDPS Act added later on) and Section 25 of the Arms Act, 1959 at Police Station Shahkot, District Jalandhar.
1.1. The 1st petition filed by the petitioner seeking regular bail was dismissed as withdrawn on 27.08.2024 and this 2nd petition has been filed due to changed circumstances as the petitioner has suffered the incarceration of more than 14 months and out of 19 PWs, not even a single prosecution witness has been examined till date.
2. Brief facts of the case are that on 23.02.2024, the police party headed by ASI Buta Ram, on the basis of a secret information, apprehended accused Akashdeep alias Musa, Sukhpreet Singh alias Sukh and Hardeep Singh alias Deepu. The search of kit bag carried by Sukhpreet Singh led to the recovery of 302 grams of Heroin and one country-made pistol of .32 bore along with 02 live cartridges of .32 bore. Thereafter, the search of Akas
The court emphasized the preservation of rights under Article 21, allowing bail for offenses with less than commercial quantities when trial delays occur and no witnesses have been examined.
Undue delay in trial justifies granting bail, even under stringent provisions of the Narcotic Drugs and Psychotropic Substances Act.
The right to speedy trial under Article 21 of the Constitution of India and the principle that bail is a rule and jail is an exception were central to the court's decision in granting regular bail to....
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