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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Sarabjit Singh Alias Chabbi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sandeep Moudgil, J. (Oral)
1. Relief Sought
The jurisdiction of this Court under Section 483 BNSS, has been invoked for grant of regular bail to the petitioner in case FIR No. 10, dated 04.02.2024, under Sections 15 of NDPS Act, 1959 (Section 29 of NDPS Act added later on), registered at Police Station Julkan, District Patiala.
2. Facts
Facts as narrated in the FIR reads as under:-
"At this time one ruqa written by ASI Sukhdev Singh 170/Ptl. was received in the police station by hand through CT Surinder Puri 1864/Ptl for registration of case under section 15/61/85 NDPS Act against Lakhwinder Singh Hira son of Kashmir Singh, resident of Dera village Khatouli, Police Station Julkan, Sarabjit Singh @ Chhabi son of Mahinder Singh, resident of village Rampur Pipria, Tehsil Bahadurpur Mangoli, Ashok Nagar, Madhya Pradesh. The contents of the same are as under:- To the SHO, Police Station Julkan, Fateh! Today, I, ASI along with ASI Nishan Singh 1231/ Ptl, SC Gurpartap Singh 86 / Ptl. Ct. Surinder Puri 1864/Ptl. PHG Pawan Kumar 30269, PHG Agnrez Singh 18156 and PHG Bhajan Singh 29958 with laptop, printer were riding Govt. vehicle bearing registration No.PB-11-CF-3825 being driven by
The presumption of innocence underpinning bail applications mandates a fair assessment, emphasizing the right to a speedy trial and granting bail unless exceptional circumstances arise.
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.
The court may grant regular bail pending trial based on factors such as prolonged incarceration, minimal progress in the trial, and parity with co-accused.
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....
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