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SATYEN VAIDYA
Sachin – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
Petitioner is facing trial for offence under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), before learned Special Judge, Kullu, H.P.
2. Petitioner was booked for above offence, vide FIR No. 07 of 2023, dated 17.01.2023, registered at Police Station Sainj, District Kullu, H.P.. It is alleged against petitioner that on 17.01.2023, police intercepted Vehicle No. DL4CAM5932 with two occupants and one of them being the petitioner. On search of vehicle, 1 Kg 518 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 one year and three months and the trial has not concluded, rather, it is progressing at snail’s pace.
4. Learned Additional Advocate General has opposed the prayer of the petitioner, on the ground that Section 37 of ND&PS Act, has application in the facts of the case and merely, on the ground of delay in conclusion of trial, petitioner cannot be released on bail.
5. I have heard learned counsel for the petitioner as well as learned Ad
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.
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.
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 ....
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.
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....
If trials are not concluded in time, injustice wrecked on individual is immeasurable.
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