IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Baljeet Kaur @ Balvir Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present second 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 bearing FIR No.73 dated 18.06.2023, registered for the offences punishable under Section 22 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Sangat, District Bathinda.
2. The gravamen of the allegations against the petitioner is that he is an accused of being involved in an FIR pertaining to NDPS Act involving alleged recovery of 5500 intoxicant pills of Tramadol Hydrochloride IP 100 mg SR from a swift car bearing No.HR-66A-8458, of which, the petitioner and other co-accused were the occupants.
3. Learned counsel for the petitioner has argued that the petitioner is in custody since 18.06.2023. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel for the petitioner has further submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has
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Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of 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.
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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