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SATYEN VAIDYA
Jasvinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 36/2021, dated 16.02.2021, registered under Sections 15, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Aut, District Mandi, H.P. Petitioner is in custody since 16.02.2021.
2. Petitioner is facing trial for offences under Sections 15, 25 and 29 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that on 16.02.2021, at about 3:10 am, near Aut approximately 300 mtrs. ahead towards Four Lane Construction Site, when police party was on patrol duty, a secret information was received from one of the worker of this site that one vehicle was coming from Kullu to Mandi side and on noticing police presence had stopped, three persons had alighted from the vehicle and had run towards river by leaving the vehicle on road. It is further averred that when police moved approximately 100 meter ahead towards Kullu, one vehicle was found parked, which was identified as the same vehicle, which had been left there. On continuous search, two persons were found with wet feet on the banks of river at about 7:15 am. They got perplexed. On int
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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....
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.
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.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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.
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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