In CRM-M-11521-2023 (O&M)-PUNJ HC- Rigors of Section 37 of NDPS Act can be diluted bearing in mind right to speedy trial: P&H HC allows bail petition of 21-yr-old accused
Justice Aman Chaudhary [24-03-2023]

Read Order: ABHIJEET SINGH vs UNION OF INDIA

Mansimran Kaur

Chandigarh, March 25, 2023: The Punjab and Haryana High Court has granted regular bail to the petitioner booked under the NDPS Act after considering that the 21-year-old petitioner was in custody for more than 3 years and further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India.

Justice Aman Chaudhary was considering the second  petition preferred  under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR under Sections 8/21(C)25/27-A/28/29/60 of NDPS Act. 

The Counsel for the petitioner contended that the petitioner was  21 years old and was in custody for more than 3 years. The alleged recovery of 520 grams of heroin was affected from the car, which was being driven by his father-co-accused Mandeep Singh, who was since then  granted regular bail by this Court .

After considering the submissions the Court noted, the Court placed its reliance on the judgment in Dheeraj Kumar Shukla Vs. The State of Uttar Pradesh.  Further reliance was placed on the case of Shariful Islam @ Sarif versus The State of West Bengal, SLP (Crl.) No.4173/2022, wherein the Apex Court granted bail to the petitioner in a case of recovery of commercial quantity of contraband, considering incarceration for over 1 year and 6 months and there being no likelihood of completion of trial in the near future. 

In view of the afore-referred judgments, facts and circumstances of the case, in particular that the 21 years old petitioner was in custody for more than 3 years; co-accused Mandeep Singh was enlarged on regular bail by this Court; he was not involved in any other case. 

It was further noted that five out of fourteen prosecution witnesses were examined.  The trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of the NDPS Act can be diluted bearing in mind the right to a speedy trial, the Court at the outset observed. 

 Thus, the present petition for grant of regular bail was allowed by the High Court.