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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Jagtar Singh @ Jeet – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.(Oral)
1. The Prayer in this petition under section 483 of BNSS, 2023 is for the grant of regular bail in case FIR No.0096 dated 26.05.2023 under Sections 22 and 25 of NDPS Act, 1985 registered at Police Station Khanna City-2, Police District Khanna, District Ludhiana.
2. The brief facts of the case are that Jatinder Singh (since granted bail vide order dated 12.12.2024 in CRM-M-38350-2024) and Jagtar Singh @ Jeet (petitioner) were apprehended with 2460 tablets having Diphenoxylate Hydrochloride Salt, 180 tablets having Aplrazolam Salt and 48 tablets having Paracetamol, Dicyclomine Hydrochloride and Tramadol Hydrochloride Salt.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was first-time offender, in custody for the last 01 year 11 months and 09 days and only 04 of the 12 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soo
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.
Accused is entitled to bail after lengthy custody and minimal progress in trial, emphasizing right to speedy trial under Article 21.
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.
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