IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Gurdev Singh @ Debi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
Present third petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.01 dated 04.01.2024, registered for the offences punishable under Sections 22(c), 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), Sections 482 and 411 of IPC, at Police Station Bhogpur, District Jalandhar Rural.
2. The gravamen of the FIR in question pertains to the recovery of 153 tablets of Etizolam and 173 tablets of Tramadol Hydrochloride from the petitioner and his co-accused Gurwinder Singh @ Kalu on 04.01.2024. The contraband alleged to have been recovered is indubitably commercial in nature.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 04.01.2024. 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 iterated that the trial is delayed and the liability thereof cannot be fastened upon the petitioner. Learned counsel has fur
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.
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