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"Punjab and Haryana High Court Grants Bail, Cites Extended Custody as Grounds for Release

07 May 2024 8:19 AM

By: Admin

In a recent ruling, the Punjab and Haryana High Court has granted regular bail to a petitioner in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The decision, dated 09.10.2023, emphasizes the extended period of custody as a significant factor in granting bail, in line with previous Supreme Court and High Court precedents.

"We are inclined to release the petitioner on bail only on the ground that he has spent about two years in custody and conclusion of trial will take some time,"** states the High Court decision, echoing sentiments expressed in previous judgments.

The petitioner, Ankur Kumar Mohingya, had been in custody since 28.12.2021, and his case pertained to FIR No. 1205 under Section 20 of the NDPS Act at Police Station Sadar Karnal, District Karnal.

The court's decision, referring to several similar cases, underscores the importance of considering the length of custody when evaluating bail applications in NDPS Act cases. This aspect of the decision reflects a commitment to upholding the right to a speedy trial, as enshrined under Article 21 of the Indian Constitution.

While the decision does not express an opinion on the case's merits, it highlights the need for the trial to proceed independently, ensuring a fair legal process.

The court has imposed specific conditions for the petitioner's bail, which include not tampering with evidence, refraining from intimidating witnesses, and appearing before the trial court as required. The decision also warns of the consequences of breaching these conditions, emphasizing the right balance between personal liberty and maintaining the integrity of the judicial process.

This ruling adds to the growing body of jurisprudence in India, emphasizing that the duration of custody can be a compelling factor in granting bail in NDPS Act cases, as long as other conditions and legal requirements are met.

Date of Decision: 09.10.2023

Ankur Kumar Mohingya vs. State of Haryana 

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