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SATYEN VAIDYA
Kuldeep Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
1. Petitioner is an accused in case FIR No. 200/2020, dated 26.12.2020, registered under Section 20 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), 1985, at Police Station, Chowari, District Chamba, H.P.. Petitioner is in custody since January, 2020.
2. Petitioner is facing trial for offences under Section 20 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that on 26.12.2020, at about 9:00 am at place Lahru, he was found carrying a bag in his right hand, from which 1 Kg 312 Grams of ‘Charas’ was recovered.
3. Petitioner has now prayed for grant of bail on the ground that his constitutional right of expeditious disposal of trial has been infringed. As per petitioner, he is in custody for more than two years and five months now and the trial has not concluded, rather, it is progressing at snails pace.
4. In its status report dated 09.05.2023, respondent-State has submitted that only three prosecution witnesses had been examined till such date.
5. Learned Additional Advocate General has opposed the prayer of the petitioner, on the ground that Section 37 of ND&PS Act, has application in
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.
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
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.
Bail – Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of NDPs Act in perpetuity.
Bail – Delay in conclusion of trial is a valid ground to grant bail to accused.
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
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