IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Davinder Kumari @ Renu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
Present 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.147 dated 26.07.2024, registered for the offences punishable under Sections 21 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Mahilpur, District Hoshiarpur.
2. The gravamen of allegations against the petitioner is that the petitioner is accused of being involved in an FIR pertaining to NDPS Act involving alleged recovery of 5.18 grams of Heroin, 100 intoxicant tablets color orange containing 9.3 grams (100x93 mg per tablet/ 1000) of active salt ‘Etizolam’ from the petitioner.
3. Learned counsel for the petitioner has iterated that the petitioner was initially arrested on 26.07.2024, thereafter, she was granted concession of interim bail vide order dated 26.09.2024 as the FSL report was not received at that point of time. Learned counsel has argued that upon receipt thereof, the petitioner herself surrendered on 04.03.2025 and is in continuous custody since then. Learned counsel for the petitioner has further submitted
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.
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