SATYEN VAIDYA
Deep Raj @ Neetu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT (ORAL)
Satyen Vaidya, J.—Petitioner is an accused in case FIR No. 14/2021, dated 27.03.2021, registered under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Sainj, District Kullu, H.P. Petitioner is in custody since 30.03.2021.
2. Petitioner is facing trial for offences under Sections 20 and 29 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that on 27.03.2021, police party headed by HC Anupam Kumar No. 13 had laid ‘Naka ‘at place Larji. At about 4:30 am, a vehicle bearing No. HP-24B-6994 (Tata Tigor) was stopped for checking. Another Vehicle HP-24C-6968 (Pick Up) followed and stopped behind the Tata Tigor car. Two person alighted from vehicle bearing No. HP-24B-6994 and ran towards river. Vehicle H.P. 24-C-6968 (Pick Up) was occupied by its driver Vinod Kumar. On search of vehicle H.P-24C-6968 “Charas” weighing 1 Kg and 555 grams was recovered. Petitioner is alleged to be one of the occupants of vehicle No. HP-24B-6994, who has fled from the scene. It is alleged against him that contraband belonged to petitioner and other occupant of vehicle No. HP-24B-6968.
Bail – Delay in conclusion of trial is a valid ground to grant bail to accused.
Bail – Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of NDPs Act in perpetuity.
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
Provision of Section 37 of Act, be construed to have same efficacy throughout pendency of trial, notwithstanding, period of custody of accused, especially, when it is weighed against his fundamental ....
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
Length of custody undergone by the appellant, in Court view the case for bail is made out
Length of custody undergone by the appellant, in Court view the case for bail is made out
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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