IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Krishma Kumra – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
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.153 dated 22.08.2024, registered for the offences punishable under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Sadar, District Hoshiarpur.
2. The gravamen of the FIR in question is that on 22.08.2024, ASI Satnam Singh of Police Station Sadar, Hoshiarpur, along with other police officials, was proceeding towards the Adamwal side in connection with patrolling duty and checking of suspicious persons. When the police party reached near Bhawani Nagar, they noticed two persons carrying polythene envelopes in their right hands. On noticing the police party, both persons threw the said polythene envelopes on the roadside and attempted to flee. On suspicion, they were apprehended by the police.
Upon inquiry, one of the apprehended persons disclosed his name as Ajay Kumar, son of Amrit Lal, resident of House No.447, Mohalla Kamalpur, Police Station Model Town, Hoshiarpur, while the other disclosed his n
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.
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