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SATYEN VAIDYA
Arjun Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 159/2022, dated 18.05.2022, registered under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘ND&PS’ Act), at Police Station Nurpur, District Kangra, H.P. Petitioner is in custody since 18.05.2022.
2. Petitioner is facing trial for offences under Sections 20, 25 and 29 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 17.05.2022, at about 7:10 PM, ASI Virender Kumar Incharge Police Post Gangath alongwith C. Pankaj Kumar was present near Bus Stand Nurpur, when he received secret information to the effect that the petitioner alongwith Chaman Lal were indulging in illicit trade of ‘Charas’ and were coming from the direction of Kangra in vehicle No. HP-40B-5670 with a consignment of ‘Charas’. Since, the information was found to be creditable, report under section 42(2) of NDPS Act was prepared and forwarded to higher officer. More Police personnel were requisitioned. Two independent witnesses were associated.
3. At about 7.55. PM vehicle number HP-40B-5670 came and was stopped near Shiva temple. Petitioner was on the driver seat and Cham
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.
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.
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.
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.
Fetters placed by Section 37 of ND&PS Act, evidently have been instrumental in denial of right of bail to petitioner.
Bail – Constitutional guarantee of expeditious trial cannot be diluted by applying rigors of Section 37 of NDPs Act in perpetuity.
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 ....
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