IMPORTANT POINT
The right to a speedy trial under Article 21 is fundamental, and undue delays in judicial proceedings can justify the granting of bail, even under stringent laws.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. Asif Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. D. Das, the learned Additional Public Prosecutor Assam appears on behalf of the State.

2. This is an application under Section 483 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 for granting bail to the petitioner, namely, Lalpian Mawii @ Khumi Khabug , who was arrested on 27.08.2021 in connection with NDPS Case No.18/2022, which is presently pending before the learned Additional District and Sessions Judge No.2, Kamrup(M) at Guwahati arising out of Bhangagarh Police Station Case No. 507/2021 under Sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as ‘the Act of 1985’).

3. A perusal of the FIR enclosed to the instant application reveals that one Mr. Omar Faruk, SI UB of Police, Bhangagarh Police Station had lodged an FIR stating inter-alia that on 26.08.2021, at 4:30 PM acting on a tip off the informant including the WSI, Woman Constable, 1 Sec.Commando BN.1Sec of CRPF B128 Crime Staff of East District PAPA Staff along with DCP (east), ACP Dispur arrived at Kunjalata Bibah Bhawan near Mizoram House, G.S. Road and searched the room No.15 of Kunjalata Bibah Bhawan as authorized by ACP, Dispur and recovered one packet of yaba tablets from the petitioner, 42 years resident of B-67/D, BIAL-II, DAWRPUI VENGTHAR, near YMA Hall, Aizawl and opened the packet in front of witnesses where 8500 numbers of yaba tablets weighing 950 grams including plastic packets (suspected psychotropic substance) which was duly seized on 26.08.2021 at 6:10 PM from the possession of the said Smti. Lalpian Mawii by observing all formalities as per the Act of 1985. It was further mentioned that during the search, one JIO LYF mobile handset bearing Mobile No.9863724502 was also seized from her possession. Further to that, it was also mentioned that on preliminary investigation, it was learnt that the petitioner kept the yaba tablets with her for commercial selling to other drug peddlers for her personal gain. On the basis of the said FIR being lodged, Bhangagarh P.S. Case No.507/2021 was registered under Sections 22(c)/29 of the Act of 1985.

4. It is further seen that subsequent to the lodging of the FIR and on the basis of some alleged statement made by the petitioner, one Dimsiannem @ Princilla, a resident of East Kasi Hills, Meghalaya was also arrested on 01.09.2021. Subsequent thereto, the investigating officer submitted the charge- sheet being charge sheet No.85/2021 dated 21.12.2021 under Sections 22(c)/29 of the Act of 1985 against the petitioner as well as the said Dimsiannem @ Princilla.

5. It is relevant to take note of that pursuant to the charge sheet being submitted, charges were framed by the Court of the learned Additional District & Sessions Judge No.2 Kamrup(M) at Guwahati on 11.04.2022 under Sections 22(c)/29 of the Act of 1985. This Court further takes note of that the co- accused, i.e. Dimsiannem @ Princilla had filed a bail application before this Court which was registered and numbered as Bail Application No.2090/2022. This Court, by the judgment and order dated 27.05.2022 had enlarged the said co-accused, namely Dimsiannem @ Princilla, subject to certain terms and conditions which were required to be adhered to. The question, however arises in the instant proceedings as to whether the petitioner herein, who has been languishing in the jail since her arrest i.e. from 27.08.2021 would be entitled to the privilege of bail.

6. Mr. Asif Ahmed, the learned counsel appearing on behalf of the petitioner submitted that the respondent authorities have been delaying the disposal of the trial and thereby affecting the fundamental rights of the petitioner under Article 21 of the Constitution. He further submitted that the petitioner had been falsely implicated in the FIR. The learned counsel further su