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SATYEN VAIDYA
Bobby Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 16/2021, dated 24.02.2021, registered under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Swarghat, District Bilaspur, H.P. Petitioner is in custody since 24.02.2021.
2. Petitioner is facing trial for offences under Sections 20 and 29 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 24.02.2021, police intercepted Car No. HP49-2697, at place Baner within the jurisdiction of Police Station Swarghat, District Bilaspur, H.P. Accused Tek Ram was on the wheel and petitioner was an occupant of front passenger seat. On search of the Car, 1.790 Kgs Charas was recovered from the vehicle. The case was registered and petitioner alongwith co-accused Tek Ram were arrested. It was discovered that petitioner and Tek Ram were transporting the contraband at the instance of other co-accused, namely Vikas @ Vicky, Hitesh and Manoj Hooda. Petitioner and Tek Ram were engaged to transport the contraband from District Kullu, H.P. till the boundary of State of Himachal Pradesh. It was also discovered that the other co-accused w
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.
Bail – Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of NDPs 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....
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.
Bail – Delay in conclusion of trial is a valid ground to grant bail to accused.
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 ....
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 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.
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