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SATYEN VAIDYA
Kailash Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is facing trial for offence under Sections 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), before learned Special Judge, Kullu. He has been charged for being in possession of commercial quantity of Charas (2 Kg 144 Grams).
2. Petitioner was booked for above offence, vide FIR No. 193 of 2022, dated 06.09.2022, registered at Police Station Bhuntar, District Kullu, H.P. The allegation against petitioner is that on 6.07.2022, at about 6:00 PM, a police patrol party apprehended petitioner at place Kishtanu near Gadsa within the jurisdiction of Police Station Bhuntar, District Kullu, H.P.. As per police, petitioner tried to flee from the scene at the sight of police and also threw the carry bag held by him towards bushes. The carry bag thrown by the petitioner was searched and 2 Kg 144 Grams of Charas was recovered.
4. 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 one year and seven months and the trial has not concluded, rather, it is progressing at snail’s pace.
5. It has
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.
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....
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 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.
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
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.
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.
Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of ND&Ps Act in perpetuity.
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