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DELHI HIGH COURT
AMIT SHARMA
Anil Kumar – Appellant
Versus
Directorate of Revenue Intelligence – Respondent
| Table of Content |
|---|
| 1. summary of factual background and charges. (Para 1 , 2 , 8) |
| 2. arguments on prolonged judicial custody and bail entitlement. (Para 3 , 4 , 5 , 6 , 7 , 16) |
| 3. court's analysis of delay in trial and constitutional rights. (Para 12 , 13 , 14) |
| 4. application of supreme court's precedent on bail for lengthy custody. (Para 17 , 18) |
| 5. court's order granting bail with conditions. (Para 19 , 20 , 21) |
JUDGMENT
Amit Sharma J.
1. The present application under section 439 read with section 482 of the Code of Criminal Procedure, 1973 ('CrPC') has been filed on behalf of the applicant seeking regular bail in case SC No. 7256/2016, registered by the Directorate of Revenue Intelligence (hereinafter referred to as `DRI') for offences under sections 22, 27A, 29 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act').
2. Briefly stated, the facts relevant for adjudication of the present application are as under:
(a) On 15.04.2013, on the basis of specific information, the officers of the DRI intercepted a green Mahindra Champion luggage carrier three-wheeler, having registration number DL 1 LN 7074, near the red light of Sir Ganga
Prolonged incarceration without conviction violates the constitutional right to a speedy trial, warranting bail for undertrials as per established precedents.
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 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....
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....
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 right to speedy trial under Article 21 can override stringent bail conditions in the NDPS Act, especially when an accused has faced prolonged incarceration without trial.
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....
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.
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