Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Santosh Kumar Arya – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The instant petition is the third petition filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No. 114 dated 17.08.2021 (Annexure P-1) under Sections 22 and 29 of the NDPS Act, 1985, registered at Police Station City-1 Malerkotla, District Malerkotla.
2. Learned counsel for the petitioner submits that the petitioner has been in custody since 26.04.2023. Despite the fact that the challan was presented as far back on 19.10.2023 and charges were framed on 17.11.2023, not a single prosecution witness has been examined to date. It is contended that the delay in the trial is solely attributable to the inaction by the prosecution rather than any conduct of the petitioner. Given his long incarceration and the failure of the prosecution to proceed expeditiously, the petitioner, who as per the learned counsel, has been falsely implicated in the present case, deserve the concession of bail.
3. Learned counsel for the petitioner has drawn the attention of this Court to the zimni orders of the learned trial Court annexed as Annexure P-5, which reflect that since the framing of the charges on 17.11.2023, the prosecution witn
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
Prolonged detention without trial can violate the right to life under Article 21, allowing for bail despite statutory restrictions under the NDPS Act.
Prolonged incarceration and delay in trial can justify bail even in cases involving commercial quantities under the NDPS Act; the bar under Section 37 may be overridden based on clean antecedents and....
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
