Back
SATYEN VAIDYA
Narabahadur @ Naresh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 265/2020, dated 14.09.2020, registered under Sections 20 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Kullu, District Kullu, H.P. Petitioner is in custody since 14.09.2020.
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 on 14.09.2020, at about 2:45 pm near Sangnapul, he was found carrying a bag in his left hand, from which 1.50 Kgs of ‘ Charas’ was recovered.
3. Petitioner has now prayed for grant of bail on the ground that his constitutional right of expeditious disposal of trial has been infringed. As per petitioner, he is in custody for more than one year three months and the trial has not concluded, rather, it is progressing at snail’s pace.
4. In its status report dated 12.12.2022, respondent has submitted that PW-1 and PW-14 have now been summoned for 13.01.2023 for examination before learned Special Judge.
5. Learned Additional Advocate General has opposed the prayer of the petitioner, on the ground that Section 37 of ND&PS Act, has application in the f
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 ....
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
Length of custody undergone by the appellant, in Court view the case for bail is made out
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
Length of custody undergone by the appellant, in Court view the case for bail is made out
The fundamental right to expeditious trial cannot be diluted by statutory provisions such as Section 37 of the ND&PS Act, especially in cases of prolonged pre-trial incarceration.
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
