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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
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 counsel, this pattern has persisted over no fewer than twenty seven hearings, rendering the progress of the trial virtually stagnant.
3. While relying upon the various pronouncements of the Hon'ble Supreme Court including Rabi Prakash Vs. The State of Odisha : 2023 LiveLaw (SC) 533 and Dheeraj Kumar Shukla Vs. State of Uttar Pradesh [SLP(Crl.)
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 ....
The court considered the prolonged custody of the petitioner and the exceptions within Section 37 of the NDPS Act to grant bail.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
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