Back
DEBANGSU BASAK, BIBHAS RANJAN DE
Ashok Shil @ Arun – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibhas Ranjan De, J. - This is an application for bail under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C' ), involving an offence under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short 'NDPS act' ) i.e involving possession of contraband articles (Phensedyle cough syrup containing codeine phosphate) of commercial quantity. This case was put into motion by a written complain submitted by one ashim Mandal S.I of Police for initiating Dankuni Police Station case no. 86/2017 dated 22.02.2017 under Section 21(c)/25/29 of the NDPS act. The instant application was filed only on the ground that petitioner is in custody for more than five years without trial in a NDPS case and thereby already served more than half minimum punishment of the relevant sections.
2. Mr. Sudip Ghosh Chowdhury, Ld. advocate appearing on behalf of the petitioner harped on the string of period of custody of the petitioner for more than five years and thereby right to bail has accrued in favour of the petitioner according to specific direction of the Hon'ble Court. Mr. Ghoshrefrained himself from going into the merit of the case and in support
Undertrial prisoners who have suffered prolonged imprisonment may be entitled to bail if their fundamental rights under article 21 of the Constitution are violated due to delay in trial, despite the ....
Bail can be granted to undertrials in NDPS cases based on prolonged incarceration and delay in trial, in accordance with the principles established in the Supreme Court Legal Aid Committee case and s....
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
The main legal point established in the judgment is that the delay in trial and non-compliance of certain provisions of the NDPS Act can violate the constitutional rights of the accused under Article....
Prolonged pre-trial detention infringes on the right to personal liberty under Article 21, necessitating bail when an accused has languished in custody beyond half the maximum sentence duration.
The right to a speedy trial is fundamental, and prolonged detention without trial violates Article 21 of the Constitution.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
