SATYEN VAIDYA
Jitender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has prayed for grant of bail in case FIR No. 98/2021, dated 01.06.2021, registered under Sections 18, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short “ND&PS Act), at Police Station Sadar, District Bilaspur, H.P.
2. The petitioner is in custody since 1.6.2021. He is accused of offence under Section 18 of the Act. The allegation against the petitioner is that he was found in conscious possession of commercial quantity of opium.
3. It has been contended for petitioner that he is in custody for the last more than two years and the trial has not yet concluded. It has also been submitted that constitutional right of the petitioner to speedy trial has been violated.
4. Learned Additional Advocate General has opposed the prayer on the ground that the petitioner is accused of a serious offence. He is not entitled to bail in view of the rigors of Section 37 of the Act.
5. I have heard learned counsel for the parties and have also gone through the record carefully.
6. Petitioner was arrested on 1.6.2021 and his custody is still continuing. This Court has been informed that the case is now fixed for recordi
Point of Law : Rigors of Section 37 of Act can have efficacy in perpetuate and more particularly in case where trial is not concluded within a reasonable period.
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
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.
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.
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....
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.
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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