MANISH CHOUDHURY
Chandra Vir S/O Uday Singh – Appellant
Versus
Narcotics Control Bureau, Guwahati – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. These two applications are preferred by the accused-petitioners viz. (i) Chandra Vir (the petitioner in B.A. No. 1564/2024) and (ii) Rajeev Upadhay @ Rajeev Upadhayay (the petitioner in B.A. No. 1868/2024); under Section 439, Code of Criminal Procedure, 1973 (‘Cr.P.C.’ and/or ‘the Code’ for short), seeking their release on bail in connection with NDPS Case No. 89 of 2020, arising out of NCB Crime Case No. 08 of 2020, registered for offences under Section 8(c) read with Section 20(b)(ii)(C) and Section 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the trial of which is presently pending before the Court of learned Additional Sessions Judge No. 3 (FTC), Kamrup (Metro) at Guwahati (‘the Special Court’ for short) in the form of NDPS Case No. 89 of 2020.
2. As both the applications have arisen out of the same case, NDPS Case No. 89 of 2020 read with NCB Crime Case No. 08 of 2020 and the learned counsel for the parties have submitted that the two petitioners are similarly situated, both the bail applications are taken up together for consideration, as agreed to by the learned counsel for the parties.
3. The petitioner, Rajeev Upadha
Babba alias Shankar Raghuman Rohida vs. State of Maharashtra
Kalyan Chandra Sarkar vs. Rajesh Ranjan @ Pappu Yadav and Another
Mohd. Muslim @ Hussain vs. State (NCT of Delhi)
Paramjit Singh vs. State (NCB of Delhi)
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of personal liberty under Article 21.
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
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 and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
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