Allowed

Dharminder Singh v. State of Punjab

Punjab & Haryana HC26 Sept 2024CRM-M/31484/2024

Case brief

AI extract

What is this about?

Second regular bail petition under NDPS Act for recovery of 207 kg poppy husk. With trial slow (2 of 11 witnesses examined) and over a year in custody with no other case pending, court balanced Section 37 NDPS rigours against Article 21 speedy-trial right and admitted petitioner to bail without commenting on merits.

What did the court decide?

Petitioner admitted to regular bail on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate on usual terms and conditions.

Dharminder Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2024)

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S. No.212

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-31484 of 2024 Date of Decision:26.09.2024 Dharminder Singh .....Pe//oner Vs. State of Punjab .....Respondent

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. K.S. Dadwal, Advocate for the pe��oner. Mr. Rajiv K. Takkar, DAG, Punjab.

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DEEPAK GUPTA, J. (Oral)

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This is the second pe��on filed by the pe��oner under Sec�on 439 of Cr.P.C seeking regular bail in case FIR No.13 dated 08.05.2023 registered under Sec�on 15 of the Narco�c Drugs and Psychotropic Substances Act, 1985 at Police Sta�on Nangal Bhoor, District Pathankot.

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The earlier pe��on bearing CRM-M-332 of 2024 was dismissed by this Court, a6er considering all the conten�ons, on merits vide order dated 27.02.2024 (Annexure P.8).

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The short submission made by learned counsel for the pe��oner is that ever since the dismissal of the earlier bail pe��on, the trial has not made much headway as only 02 witnesses out of 11 have been examined so far; that the pe��oner is in custody for the last 01 year 04 months; that no other case is pending against him and so he be allowed bail.

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Learned State Counsel has opposed the pe��on by drawing a=en�on towards the fact that huge quan�ty of contrbanad weighing 207 Kg of poppy husk was recovered from the pe��oner and that earlier bail pe��on has been considered on merits and then dismissed. However, learned State Counsel concedes the fact that

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RENU 2024.09.26 17:32 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-31484 of 2024 -2-

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the pe��oner is in custody for the last 01 year 04 months and 12 days which otherwise is evident from the custody cer�ficate placed on record today. It is further revealed that the pe��oner is not involved in any other case. It is also conceded that only 02 witnesses have been examined by the prosecu�on out of 11 witnesses cited by the prosecu�on. Thus, the trial is likely to take long �me to conclude.

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Having regard to the long incarcera�on of the pe��oner in custody and considering the fact that trial is likely to take long �me, the rigours of Sec�on 37 of the NDPS Act are required to be balanced with Ar�cle 21 of the Cons�tu�on of India guaranteeing Fundamental Right to life and liberty of which speedy trial is a facet.

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Considering all the afore-said facts and circumstances of the case, but without commen�ng anything on the merits of the case, the present pe��on is allowed. Pe��oner is admi=ed to bail on his furnishing bail bonds and surety bonds to the sa�sfac�on of learned trial Court/ Duty magistrate concerned on usual terms and condi�ons.

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September 26, 2024		( DEEPAK GUPTA )
renu		JUDGE
Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

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RENU 2024.09.26 17:32 I attest to the accuracy and integrity of this document Chandigarh

Dharminder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Dharminder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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