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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANJARI NEHRU KAUL
Kuldeep Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition for bail under ndps act. (Para 1) |
| 2. arguments regarding delay and prosecution negligence. (Para 2 , 3 , 4 , 6) |
| 3. court's observations on speedy trial rights. (Para 5 , 8 , 9) |
| 4. grant of bail due to prosecutorial delays. (Para 11 , 12) |
| 5. conclusion and direction for police accountability. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
MANJARI NEHRU KAUL , J.
1. The petitioner in the instant (second) petition is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in case FIR No.74 dated 29.07.2019 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') registered at Police Station Sadar, Phagwara, District Kapurthala.
2. Learned counsel for the petitioner submits that the petitioner has been in custody since 23.03.2023. It is not in dispute that charges were framed on 23.03.2023, yet till date, only 03 out of 16 witnesses cited by the prosecution have been examined. He submits that despite the issuance of summons, including bailable and non-bailable warrants, the remaining prosecution witnesses, all of whom are police officials have failed to appear. As per the learned counse
The right to a speedy trial is fundamental and cannot be compromised by prosecution negligence, warranting bail for the accused.
Prolonged incarceration without trial due to absent witnesses can justify bail under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged custody without trial due to prosecution delays justifies granting bail under Section 439 of the NDPS Act.
The right to life and personal liberty includes the right to speedy trial, and courts should interfere to secure the personal liberty of an under trial when the trial is being delayed for reasons not....
The main legal point established in the judgment is the right to speedy trial under Article 21 of the Constitution of India and the application of bail provisions under Section 36 and 37 of the NDPS ....
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