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ANISH DAYAL
Jeewan Mondal – Appellant
Versus
State NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. facts regarding the arrest and drug recovery. (Para 2) |
| 2. petitioner's arguments on delayed trial and constitutional rights. (Para 3 , 4 , 5) |
| 3. state's response to petitioner's arguments. (Para 6 , 7) |
| 4. court's analysis of relevant case law on bail in ndps cases. (Para 8 , 9 , 10 , 11) |
| 5. court's decision to grant bail with conditions. (Para 12) |
| 6. conclusion and final orders of the court. (Para 13 , 14 , 15) |
JUDGMENT
Anish Dayal, J. By this petition, the petitioner is seeking regular bail in FIR No.39/2016 registered under Sections 20/29 NDPS Act (Narcotic Drugs & Psychotropic Substances Act, 1985) P.S. Special Cell (SB).
2. The facts, as per the FIR, are that on 25th June, 2016 a secret information was received that two persons viz., Babu Roy @ Chhotu and Jeewan Mondal (petitioner herein) have reached Delhi from Odisha in a white Maruti Car bearing West Bengal number alongwith a huge consignment of Ganja (a narcotics substance) and was to be delivered to Hafiz in the Yamuna Khadar of Jaitpur Delhi at about 8 AM. As per the complainant SI Ashok Kumar, the said information was reduced into writing and was conveyed to the DCP who gave directions to conduct the raid.
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....
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.
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....
Prolonged incarceration without conviction violates the constitutional right to a speedy trial, warranting bail for undertrials as per established precedents.
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.
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.
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of 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....
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