IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI
Gurpreet Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JASJIT SINGH BEDI, J.
1. The prayer in this fifth petition under Section 483 of BNSS, 2023 is for the grant of regular bail in case FIR No.48 dated 06.04.2021 under Sections 22(c)/61 of the NDPS Act, 1985 registered at Police Station Ding, District Sirsa.
2. The brief facts of the case are that 12,000 tablets containing the salt ‘Tramadol Hydrochloride’ were recovered from a vehicle in which Tarsem Singh (since granted the concession of bail vide order dated 06.02.2024 passed in CRM-M-43711-2023, Annexure P-6) and Sharwan Singh (since granted the concession of bail vide order dated 16.08.2023 passed in CRM-M-12368-2023, Annexure P-6) were travelling and the petitioner-Gurpreet Singh was the driver.
3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case.
4. The mandatory provisions of Sections 42 and 50 of the NDPS Act had not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he is a first-time offender, in custody for 02 years 04 months and 24 days and only 10 out of the 18 prosecution witnesses have been examined so far, the trial of the prese
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
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