IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Saraj Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the petitioner in case FIR No.16 dated 7.3.2025, under Sections 21 (a), 22(b), 27, 61 and 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( Section 22 -C of NDPS Act added later on), registered at Police Station Sadiq, District Faridkot.
2. The gravamen of the allegations against the petitioner is that the petitioner along with his co-accused, namely, Manpreet Singh were apprehended by the police upon suspicion, while they were attempted to flee upon seeing the police party. Upon having conducted search thereof, recovery of 30 loose intoxicant tablets of etizolam having weight of 3.15 grams and 5 grams of heroin, which is marginally above from the commercial quantity, has been allegedly effected from the co-accused, namely, Manpreet Singh.
3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 8.3.2025. Learned counsel has argued that the petitioner was granted the concession of interim regular bail on 3.4.2025 whereinafter, he surrendered on 25.7.2025 & the said
Hussainara Khatoon vs. Home Secy., State of Bihar
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.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
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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