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SATYEN VAIDYA
Jeet Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 204/2019, dated 29.09.2019, registered under Sections 20 & 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), 1985, at Police Station, Bhuntar, District Kullu, H.P.. Petitioner is in custody since 06.10.2019.
2. Petitioner is facing trial for offences under Section 20 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that a huge quantity of 3 Kg.382 grams of Cannabis (Charas) was seized from personal search of one Joseph Shobal during routine checking in a bus at about 11:20 P.M. on 29.09.2019 at Bajaura District Mandi, H.P. Further investigation revealed that Joseph Shobal was resident of Kerala and had purchased the seized contraband for Rs. 4,80,000/- from bail petitioner through one Mohsin. Contention of respondent is that there was regular telephonic conversations between petitioner Mohsin and Joseph Shobal between 26.09.2019 to 28.09.2019, which sufficiently revealed implication of petitioner in the crime.
3. Previously also petitioner approached this Court more than once for grant of bail, but every time his plea was rejected primarily on
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
Courts have to be sensitive to these aspects and ensure that trials especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily.
The central legal point established in the judgment is the need to balance the rigors of Section 37 of the ND&PS Act with the constitutional guarantee of expeditious trial, as evidenced by various pr....
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
The main legal point established in the judgment is that the constitutional guarantee of expeditious trial cannot be diluted by the rigors of bail provisions, as evidenced by the court's grant of bai....
Provision of Section 37 of Act, be construed to have same efficacy throughout pendency of trial, notwithstanding, period of custody of accused, especially, when it is weighed against his fundamental ....
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
Without expressing any opinion on merits or demerits of rival submissions and considering facts and circumstances on record, in Court view, case for bail is made out.
Bail – Delay in conclusion of trial is a valid ground to grant bail to accused.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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