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SATYEN VAIDYA
Shruti Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
1. Heard.
2. Petitioner was arrested on 10.02.2023 in case FIR No. 23/2023, dated 10.02.2023, registered under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Dhalli, District Shimla, H.P. She was arrested from a room of Hotel in Sanjauli during the intervening night of 9/10.02.2023 in the company of a boy. Both the occupants of the room including petitioner were apprehended on a prior information received by the police. One bag was found lying in the room and on its search 21.59 grams of Chitta/Heroin with some foil papers and burnt currency note were found. Petitioner and her companion in the room were arrested after registration of the case. Petitioner is in custody since then.
3. On earlier occasion, petitioner had approached this Court for grant of bail, however, the petition was withdrawn on her behalf on 22.02.2023. Thereafter, another petition was moved for bail by the petitioner being Cr. MP (M) No. 562 of 2023, which was also rejected by this Court on 05.04.2023.
4. This is the third successive bail petition filed by the petitioner. It is settled proposition of law that successive bai
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....
Pre-trial incarceration is not rule and prayer for grant of bail is to be decided keeping in view facts and circumstances of each specific case.
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 ....
Persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to number of innocent young victims who are vulnerable.
No fruitful purpose shall be served by detaining petitioner in custody for indeterminate period - Conclusion of trial is likely to take considerable time.
Court is to balance between rights of an individual with rights of society as a whole.
The main legal point established in the judgment is the balancing of factors and legal principles related to bail, with a focus on securing the appearance of the accused at trial and the presumption ....
The weight of contraband and the petitioner's criminal history are crucial factors in determining bail eligibility in NDPS Act cases.
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