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ANISH DAYAL
Peter Graham Wolledge – Appellant
Versus
Narcotic Control Bureau – Respondent
JUDGMENT :
1. This petition has been filed seeking regular bail in Sessions Case No. SC/138/2017, NCB Case No. VIII/18/DZU/2016 under section 20(b)(ii)(C)/23/29 NDPS Act. The petitioner has been in custody since 6th November, 2016 and has been in incarceration for a period of about 6 years 2 months.
2. As per the case of the prosecution, on 4th November, 2016, pursuant to secret information received from IGI Airport, one lady namely Nympha De Jesus, in whose name LOC was opened at the request of NCB, was detained at the departure lounge while she was going from Delhi to Bangkok. The baggage which was checked in her name was opened and one bag was found having suspicious material which later gave positive results for charas and hashish, the total weight of which came out to be 2.7 kg out of which samples were taken. Thereafter, the statement of Nympha was recorded under section 67 NDPS Act wherein she stated that the petitioner herein was her boyfriend and they were living together in Manali and they had come from Manali to New Delhi to go to Bangkok and that the petitioner had booked his luggage on her ticket after getting the boarding pass. Based on her interrogation, the NCB got
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....
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 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 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 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.
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 – 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 right to a speedy trial is fundamental, and prolonged detention without trial infringes upon this right, warranting bail.
In NDPS commercial quantity cases, prolonged incarceration over two years due to inordinate trial delay violates Article 21 speedy trial right; bail grantable despite Section 37 if guilt unproven and....
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