PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Hawa Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Prayer in this petition filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.326 dated 22.10.2024 registered under Sections 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') (Section 29 of the NDPS Act, added later on) at Police Station Sadar Mahendergarh, District Mahendergarh.
2. The brief facts of the case are that on 18.09.2024, ASI Rohtash Kumar, along with other police officials, was present at Adalpur Bus Stand, Dadri Mohindergarh road, for narcotic detection. A secret informer alerted ASI Rohtash Kumar that Ramesh Kumar and Hawa Singh were traveling to Adalpur on a motorcycle bearing registration No.HR-82A-7772 carrying narcotics. Thereafter, a raiding party was formed and posted near Zile Singh's house at Adalpur Ki Dhani. Soon thereafter, the said motorcycle was spotted, and upon seeing the police, the riders attempted to turn away but they were apprehended. The rider of the motorcycle disclosed his name as Ramesh Kumar and the pillion rider of the motorcycle disclosed his name as Hawa Singh. Following the due procedure under the NDPS Act, a search
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.
Prolonged detention without trial is unjustifiable, especially for first-time offenders when investigations are complete, allowing for bail even if the contraband quantity exceeds commercial limits.
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