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SATYEN VAIDYA
Devender Kumar – Appellant
Versus
N. C. B. – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, a prayer has been made to release the petitioner on bail under Section 439 of Cr.P.C. in case FIR No. 75/2020, dated 29.12.2020, registered under Sections 20 & 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station N.C.B. Nahan, District Sirmour, HP.
2. Petitioner was arrested on 29.12.2020 and is in custody since then.
3. The case as alleged against petitioner is that the Narcotic Control Bureau (N.C.B.), on the basis of a secret information, intercepted vehicle (Maruti Alto) with registration No. HP35-4856 near Yashwant Parmar Chowk, Nahan, District Sirmour H.P. Petitioner alongwith another person named Satram Lal, were found occupying the vehicle. A search was conducted and huge quantity of 11.700 Kilograms of Charas was recovered from the vehicle. The case was registered. Petitioner alongwith other occupant of the vehicle, named Satram Lal, were arrested. Investigation was carried and more persons namely Om Prakash, Pappu, Yogesh and Manoj Kumar, were also arrayed as accused.
4. On conclusion of investigation, the challan has been presented and is presently pending adjudication before
Undue delay in trial, in appropriate cases, can be a reason to release an accused of offence involving commercial quantity under ND&PS Act.
The inadmissibility of confessional statements recorded under Section 67 of the NDPS Act and the requirement of prima facie evidence for granting bail in NDPS Act cases.
Drug abuse has become serious hazard to social and economic development.
No fruitful purpose shall be served by allowing detention of petitioner in custody for indeterminate period. Pre-trial incarceration otherwise is not the rule.
Point of Law : . There is no material against the petitioner to suggest that he will again indulge in similar criminal activities, if released on bail.
The weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
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.
In cases of successive bail petitions, after dismissal of earlier bail petition(s), the petitioner has to demonstrate substantial change in circumstances and such change is of such a magnitude to con....
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....
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