The single judge bench of Justice Vikas Bahl of the Punjab and Haryana high court in the case of Sandeep Singh @ Sonu Vs State of Punjab granted bail to the petitioner as further incarceration of the petitioner would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India.
BRIEF FACTS
The factual matrix of the case is that the present petition is filed for the grant of regular bail registered under sections 21, 25 and 29 of the NDPS Act, 1985 and Sections 307, 427, 270 read with Section 34 of Indian Penal Code, 1860.
The learned counsel appearing on behalf of the petitioner has contended that the petitioner is in custody for more than 2 years and 6 months and the investigation is complete and out of 14 prosecution witnesses, none have been examined as yet. It was also submitted that the petitioner is not involved in any other case. It is further contended that further incarceration of the petitioner would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India.
The learned counsel appearing on behalf of the petitioner relied upon the judgement titled Bhupender Singh Vs. Narcotic Control Bureau, Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, Chitta Biswas Alias Subhas Vs. The State of West Bengal, Gopal Krishna Patra @ Gopalrusma Vs. Union of India, and Nitish Adhikary @ Bapan Vs. The State of West Bengal.
The learned counsel appearing on behalf of the state has contended that the present petition for grant of regular bail to the petitioner and has submitted that the recovery effected from the petitioner and co-accused is of commercial quantity and thus, the bar under Section 37 of the NDPS Act would apply.
COURT’S OBSERVATION
The hon’ble court held that the petitioner is in custody since 01.05.2020 (more than 2 years and 6 months) and the investigation is complete and challan has been presented and out of 14 prosecution witnesses, none have been examined as yet and thus, the conclusion of trial is likely to take time. The petitioner is stated to be not involved in any other case and further incarceration of the petitioner would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India and therefore, granted regular bail to the petitioner.
CASE NAME- Sandeep Singh @ Sonu Vs State of Punjab
CITATION-CRM-M-34488-2022 (O&M)
CORUM- Justice Vikas Bahl
DATE- 23.11.22
Read Judgment @Latestlaws.com:
Picture Source : https://pixnio.com/free-images/science/medical-science/drug-paraphernalia-were-a-number-of-red-oblong-tablets-rows-or-lines-725x483.jpg
