-
by Admin
07 May 2024 2:49 AM
In a significant ruling, the Punjab & Haryana High Court, through Justice Pankaj Jain, granted bail to Jasbir Singh @ Jassi, underlining the importance of individual liberty in cases of prolonged incarceration, especially under the stringent provisions of the NDPS Act.
The Court underscored the balancing act between the statutory conditions for bail under Section 37 of the NDPS Act and the fundamental right to liberty guaranteed under Article 21 of the Constitution. The ruling emphasized that prolonged custody, in this case, "militates against the most precious fundamental right" and hence, necessitated the granting of bail.
Jasbir Singh was arrested on 2nd November 2018, with the police recovering intoxicant bottles and tablets from his possession. Charged under Sections 22/61/85 of the NDPS Act, he had been in custody for almost two years. The key issue revolved around the applicability of Section 37 of the NDPS Act, which places stringent conditions on the grant of bail.
Justice Jain, after considering the petitioner's clean antecedents and the prolonged period of custody, observed, "The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution." He further referenced several Supreme Court judgments highlighting similar views on the matter.
The judgment heavily relied on the jurisprudence developed by the Apex Court in interpreting the NDPS Act's bail provisions. The Court focused on the principle that prolonged incarceration without trial contravenes the essence of Article 21.
The Court, taking into account the petitioner's period of custody and lack of criminal antecedents, granted bail, imposing several conditions including not misusing liberty, not tampering with evidence, and regular appearance at the trial. The petitioner was also directed to deposit his passport and keep his cell-phone number consistent.
Jasbir Singh @ Jassi vs. State of Punjab
Date of Decision: 31st January 2024
