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SATYEN VAIDYA
Manoj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 190 of 2019, dated 12.11.2019, registered under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Chowari, District Chamba H.P. Petitioner is in custody since 21.11.2019.
2. The challan is stated to have been filed and the trial is pending before Special Judge, Chamba. The police official Mr. Rakesh Kumar is present in the Court today alongwith police record. He has informed that there are thirty-one cited prosecution witnesses, out of which only nine witnesses have been examined till date.
3. Petitioner has now prayed for grant of bail on the sole ground that his constitutional right to speedy trial has been violated. It is further contended that petitioner has nowhere been at fault in causing the delay in conclusion of trial. As per petitioner, the final conclusion of trial is going to take considerable time and his liberty cannot be curtailed for indeterminate period.
4. Per-contra, learned Additional Advocate General has opposed the prayer. It is submitted that petitioner is involved in a serious and heinous crime involving commercial quantity of chara
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
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....
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 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.
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 ....
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.
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.
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