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ANSHUMAN
Md. Afsar @ Md. Afsar Alam – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned senior counsel for the petitioner with assisting counsel and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 144 of 2021 arising out of G.R. No.2365/2021, lodged on 20.06.2021 under Sections 8, 20(b) (ii),C of the N.D.P.S. Act read with section 30(a) of Bihar Prohibition & Excise Act.
3. Learned senior counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 14.10.2022 passed in Cr. Misc. No. 72502 of 2021 with liberty granted to the petitioner that he may renew his prayer for bail one year after framing of charge. Counsel submits that the charge has been framed in this case on 18.01.2023 and more than one year has been lapsed, so bail may be granted to the petitioner. Counsel also submits that the criminal antecedent of the petitioner is not clean and there are two criminal cases pending against him in which in both the cases, he is on bail. The petitioner is in custody since 21.06.2021 in the present case.
4. Learned APP for the State submits that a report has been called for in this case and from the said report which has been receiv
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
The Assistant Sessions Judge lacks jurisdiction to try offences under the Narcotic Drugs Act, as established by transitional provisions, necessitating trials to be conducted by either Sessions Judges....
The main legal point established in the judgment is the right to speedy trial under Article 21 of the Constitution of India and the application of bail provisions under Section 36 and 37 of the NDPS ....
Prolonged incarceration without trial violates Article 21, allowing bail despite restrictions under Section 37 of the NDPS Act.
The stringent provisions of Section 37 of the NDPS Act must be applied in cases where the convict/accused is unable to bring his case within the parameters of Article 21 of the Constitution of India.....
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
Suspension of sentence and grant of bail – A person who had undergone five years of pre-convict custody is entitled to be released on bail, on touchstone of Article 21 of Constitution of India.
Procedural irregularities in the trial under the NDPS Act do not invalidate the proceedings unless they result in a failure of justice.
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