Denying bail to man accused in NDPS case, Punjab & Haryana HC directs lower court to expedite trial as accused in custody since 2015

Read Order: Gurdev Singh alias Debu v. State of Punjab 

LE Staff

Chandigarh, August 25, 2021: While dismissing the bail application of a man accused in a narcotics case, the Punjab and Haryana High Court has directed the lower court to conclude the trial in the matter within the next four months saying the accused cannot be denied the right to a free and speedy trial.

The petitioner, Gurdev Singh alias Debu, had sought regular bail for the second time in a case pertaining to an FIR dated July 9, 2015 under Section 22 of the NDPS Act, 1985, Sections 25/54/59 of Arms Act and 399, 402, 382, 420, 467, 468, 471, 120-B of the IPC, registered at Police Station Dehlon, District Ludhiana, Punjab.

The State Counsel opposed the plea by submitting that there was an alleged recovery of one kilogram of contraband Heroin, which falls in commercial quantity, and also one pistol 0.32 bore and two live cartridges from the petitioner, and also that the petitioner has suffered nine other convictions.

“In view of the above, this Court is not inclined to extend the benefit of bail in favour of the petitioner,” said the Bench of Justice Tejinder Singh Dhindsa.

The Bench, however, noted that the petitioner was arrested on 09.07.2015, investigation in the case has been concluded, the chargesheet has been presented and the charges were framed on 08.04.2016. 

“Trial is still going on. The right of every accused to a free and speedy trial cannot be denied,” the HC said.

“While dismissing the instant petition seeking regular bail, directions are issued to the trial Court to make an earnest endeavour to expedite the trial and in any case to conclude the same within a period of four months from today,” the Bench said.