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SATYEN VAIDYA
Pardeep Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 05/2020, dated 30.01.2020, registered under Sections 20 & 25 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station State, CID Bharari, Shimla, H.P.
2. Petitioner is facing trial for offences under Section 20 and 25 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that he was an occupant of a Car bearing No. HP65A - 7500, from which 1.340 Kgs of ‘Charas’ was recovered.
3. Previously, vide order dated 29.04.2022, passed in Cr.MP(M) No. 796 of 2022, a Co-ordinate Bench of this Court had allowed a temporary bail to the petitioner keeping in view the ailment of his mother. Petitioner had surrendered on expiry of the period of liberty allowed in his favour.
4. 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 almost two years now and the trial has not concluded, rather, it is progressing at snails pace.
5. In its status report dated 05.12.2022, respondent has submitted that the prosecution has cited seventeen wi
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.
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
Length of custody undergone by the appellant, in Court view the case for bail is made out
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....
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....
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
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