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KULDEEP MATHUR
Mukhram – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.124/2019 registered at Police Station Talwara, District Hanumangarh, for offences under Sections 8 /22 and 29 of the NDPS Act.
2. As per the prosecution, during routine patrolling, police team of Police Station Talwara, District Hanumangarh, on 16.08.2019, recovered 38000 capsules of Parvorin Spas containing Tramadol Hydrochloride (TRIO-SR) weighing 24.320 Kgs. from conscious possession of the present petitioner. He was arrested on the spot.
3. Learned counsel for the petitioner submitted that the petitioner is in custody since 16.08.2019. Learned counsel further submitted that the petitioner does not have any criminal antecedent. It was also submitted that trial against the petitioner has commenced but in last more than 4 years, out of total 19 cited prosecution witnesses, only 9 have been examined till date. Learned counsel submitted that the delay in trial before the competent criminal court is not at all attributable to the present petitioner.
4. Learned counsel submitted that in view of the fact that the petitioner is
The central legal point established in the judgment is that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution, and bail can be granted ba....
Prolonged incarceration and delays in trial can justify bail under Section 439 Cr.P.C., emphasizing the right to a speedy trial under Article 21.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
Custody duration and lack of trial progress can lead to bail grant despite statutory restrictions under the NDPS Act.
The right to speedy trial and the interpretation of statutory restrictions on bail under the NDPS Act were central to the court's decision.
Bail – Fifth bail application filed solely on the ground of custody period of accused and keeping in view fact that trial against him has not been completed till date, deserves to be accepted.
The court considered the prolonged custody of the petitioner and the exceptions within Section 37 of the NDPS Act to grant bail.
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