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SUBRAMONIUM PRASAD
Anil Kumar @ Nillu – Appellant
Versus
State – Respondent
ORDER
1. This petition has been filed under Section 439 Cr.P.C. seeking interim bail in FIR No. 14/2014 dated 26.03.2014 registered at P.S. Special Cell under Sections 468/471/201 of the Indian Penal Code, 1860 (hereinafter, "IPC") and Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, "NDPS Act").
2. The facts, in brief, leading up to the filing of the instant petition are as follows:
a) It is stated that information was received in February 2014 that one Danveer @ Dannu was involved in an illegal interstate supply of drugs to foreigners in various states in India for the purpose of rave parties. Accordingly, a team to conduct a raid into the same was deployed and secret information was received that Danveer @Dannu would come to Karol Bagh in an Alto car to deliver at 11 A.M. a consignment of charas/hashish to a Russian associate at Gurudwara Road, behind Jassa Ram Hospital, Karol Bagh.
b) On the basis of the aforementioned information, a police team arrived at 8 A.M. at Karol Bagh Metro Station, Pusa Road, Delhi. Around 11:15 A.M., one white Alto car arrived, with two occupants in the front seats, and after five minutes, a foreigner emerged from
The right to speedy trial and personal liberty under Article 21 of the Constitution must be upheld, and inordinate delay in trial can warrant the release of undertrial prisoners, as per the Supreme C....
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....
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....
The Court established that an undertrial jailed for more than half the minimum sentence is eligible for bail due to delayed trial, emphasizing the right to personal liberty under Article 21.
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 court emphasized that prolonged detention without trial violates the accused's rights under Article 21, allowing bail if the accused has served over half of the maximum sentence under the NDPS Ac....
Prolonged incarceration without conviction violates the constitutional right to a speedy trial, warranting bail for undertrials as per established precedents.
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.
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