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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
Khaiminlal Touthang S/o Ngamsei Touthang – Appellant
Versus
State Of Assam Represented By The PP, Assam – Respondent
| Table of Content |
|---|
| 1. bail application pending since arrest (Para 1 , 2) |
| 2. prior bail rejections noted (Para 3 , 4) |
| 3. petitioner's arguments for bail (Para 5 , 6 , 7) |
| 4. opposition arguments against granting bail (Para 8 , 10) |
| 5. court's outlook on trial progress (Para 9 , 12) |
| 6. status report on co-accused and trial (Para 13 , 14) |
| 7. balance between incarceration and severity (Para 15 , 16) |
| 8. decision to grant bail due to delay (Para 17) |
| 9. conditions imposed for bail granted (Para 18 , 19 , 20) |
Judgment & Order :
SANJAY KUMAR MEDHI, J.
Heard Shri P.P. Bora, learned counsel for the petitioner, namely, Khaiminlal Touthang, who has filed this bail application under Section 483 of the BNSS , 2023 read with Section 37 of the NDPS Act praying for bail in connection with NDPS Case No. 158/2021 (arising out of Sonapur PS Case No. 585/2021) registered under Sections 21 (c)/24/29 of the NDPS Act.
2. The petitioner was arrested on 29.08.2021.
3. At the outset, it may be noted that the prayer for bail of this petitioner was rejected by this Court on three occasions earlier vide orders dated 18.04.2022 in Bail Appln./3706/2021 and order dated 20.12.2023 in Bail Appln./4379/2023 and order dated 29.01.202
Prolonged incarceration without trial infringes on constitutional rights, warranting bail despite the seriousness of the charges under the NDPS Act.
The court ruled that in NDPS cases, the societal interest in preventing drug offenses outweighs individual liberty, necessitating strict adherence to bail conditions under Section 37 of the NDPS Act.
Bail granted in NDPS commercial quantity case: no recovery from petitioner, co-accused confession inadmissible, no prima facie guilt under Sec 37, prolonged 10-month incarceration with trial delay vi....
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....
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.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
Prolonged incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.
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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