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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Akashdeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This is the first petition filed under Section 483 BNSS seeking regular bail to the petitioner, in case bearing FIR No.106 dated 28.07.2023 under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Section 25(6) of Arms Act, 1959 registered at Police Station City Nawanshahar, District SBS Nagar (Annexure P-1).
2. Tersely put, present case has been registered on the basis of secret information that Sandeep Kumar @ Ravi Balachauria son of Gurmail Singh, who is gangster and many cases of murder, extortion, NDPS Act and Arms Act are registered against him, at present, he is in jail but still he is getting Arms and Heroin supplied through Akashdeep @ Billa and Akashdeep Singh son of Sukhjinder Singh (petitioner herein). It is further informed that even both these persons namely Akashdeep @ Billa and Akashdeep Singh son of Sukhjinder Singh are coming on black colour scooter bearing No.PB-24-B-3951 from Garhshankar to Nawanshahr side, for supplying the Heroin and Arms. If naka be laid at the disclosed place, then they could be apprehended along with Heroin and illegal weapons. On the basis of said
Undue delay in trial justifies granting bail, even under stringent provisions of the Narcotic Drugs and Psychotropic Substances Act.
The right to a speedy trial under Article 21 of the Constitution is fundamental, and prolonged detention without trial can justify the grant of bail, despite stringent conditions under the NDPS Act.
The right to a speedy trial under Article 21 can justify bail in drug cases despite stringent NDPS Act provisions, when trial delays are unreasonable.
The right to a speedy trial is fundamental, and prolonged incarceration without justifiable cause infringes on the accused's rights, warranting bail under stringent provision scrutiny.
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