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SATYEN VAIDYA
Kalpna – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner has approached this Court by way of instant petition under Section 439 of Cr.P.C. in case FIR No. 76/2021, dated 06.05.2021, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Indora, District Kangra, H.P.
2. Petitioner is in custody since 06.05.2021.
3. As per prosecution case, on 06.05.2021, at about 4:30 pm, during routine patrol, police party was accompanied by independent witnesses and they noticed petitioner approaching the National Highway. At the sight of police party, petitioner got perplexed. She started walking back and simultaneously took out a polythene packet from her clothes and throwing the same on the road. She was apprehended by police. On search, polythene packet thrown by the petitioner was found containing ‘Heroin/Chitta’ weighing 6.7 grams. The case was registered and petitioner was formally arrested. The challan was presented and the petitioner is undergoing trial.
4. This Court has been informed during the course of hearing that only two witnesses were examined till 27.02.2023 and three witnesses, out of remaining fourteen witnesses were summoned for
Point of Law : Right to speedy trial is a valuable constitutional right available to the petitioner - Petitioner has already suffered prolonged incarceration - She cannot be allowed to be detained ....
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....
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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....
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
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.
Quantity of Chitta/Heroin allegedly recovered from possession of petitioner and her companion falls within intermediate quantity and therefore rigors of Section 37 of ND&PS Act, will not be applicabl....
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.
Point of Law : Rigors of Section 37 of Act can have efficacy in perpetuate and more particularly in case where trial is not concluded within a reasonable period.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&PS Act in perpetuity.
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