PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Ranjeet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J. (Oral)
1. The instant petition has been filed under Section 439 Cr.P.C. seeking the release of the petitioner on regular bail in case FIR No.41 dated 09.03.2023 under Sections 22 and 29 of the NDPS Act, 1985, registered at Police Station Sadar, District Ludhiana.
2. In addition to the submissions made by the learned counsel for the petitioner qua the false implication of the petitioner in the present case, inter alia it has been also urged that the petitioner's continued incarceration (judicial custody) is illegal, as it is not supported by any formal order passed by learned trial Court after the presentation of the challan. Learned counsel for the petitioner submits that although the chargesheet in the present case was filed on 18.08.2023, the petitioner has been in judicial custody without any formal order of remand being passed thereafter by the learned trial Court.
3. Drawing the attention of this Court to the zimni orders annexed as Annexure P-7, learned counsel for the petitioner contends that the learned trial Court failed to pass specific and formal orders extending the judicial custody of the petitioner from time to time, thereby rendering his
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
The right to a speedy trial under Article 21 can outweigh the rigors of Section 37 of the NDPS Act in cases of prolonged custody without trial.
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