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SATYEN VAIDYA
Madan Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 211/2021, dated 18.12.2021, registered under Section 20 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Baijnath, District Kangra, H.P. Petitioner is in custody since 18.12.2021.
2. Petitioner is facing trial for offences under Section 20 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 17.12.2021, at about 8:25 pm, at place Baijnath, when police officials were on patrol duty, a secret information was received that one person namely Madan Lal @ Maddu is standing near Hanuman Mandir (Panjala) holding black coloured bag, in which huge quantity of Cannabis is alleged to be kept. At the sight of police party on the spot, he tried to ran away from the spot but he was immediately apprehended. Thereafter, local Panchayat Pradhan and Ward Member were called on the spot and search of the bag was carried in their presence. On search, 2Kg 45 grams of ‘Cannabis’ were recovered from the bag carried by him. Thereafter, the case was registered and petitioner was formally arrested. Petitioner is in custody since then.
3. Petitioner has now
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.
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.
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....
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 ....
Bail – Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of NDPs 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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