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SATYEN VAIDYA
Hussain Mohammad – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
1. Petitioner is an accused in case FIR No. 198/2021, dated 15.11.2021, registered under Section 22 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Paonta Sahib, District Sirmour, H.P. Petitioner is in custody since 15.11.2021.
2. Petitioner is facing trial for offences under Section 22 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 15.11.2021, at about 3:15 pm, at place Kishanpur Road near Panchayat Ghar Badripur, when police officials were on patrol duty, a secret information was received that one person namely Hussain Mohammad is selling narcotic and psychotropic substances in the area of Gujjar Colony on grey coloured Scooty. On search, three boxes containing 715 capsules and 300 tablets were recovered from the Scooty. Each strip contained Tramadol Hydrochloride IP 50 mg substance and each tablet contained Alprasafe-0.5/Alprazolam IP 0.5 mg substance. The case was registered and petitioner was formally arrested. Petitioner is in custody since then.
3. Petitioner has now prayed for grant of bail on the ground that his constitutional right of expeditious disp
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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.
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.
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.
Length of custody undergone by the appellant, in Court view the case for bail is made out
Length of custody undergone by the appellant, in Court view the case for bail is made out
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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