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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Alamgir – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
Bail petitioner, namely Alamgir, who is behind the bars since 23.12.2024, has approached this Court in the instant proceedings filed under Section 483 BNSS, 2023, for grant of regular bail in case FIR No.65 of 2024, dated 23.12.2024, under Section 20 of the NDPS Act, registered at Women Police Station Chamba, District Chamba, Himachal Pradesh.
2. Respondent/State has filed status report and SI Nikhil Kumar, WPS Chamba, has come present along with record. Record perused and returned.
3. Close scrutiny of status report/record reveals that on 23.12.2024 at about 05:35 am, Police party present near Shiv Mandi Parel, Chamba-Pathankot National Highway-154A, stopped one motorcycle bearing No.PB-06-BH-9146 for checking. Since driver of the motorcycle got perplexed and started making excuses, Police after having associated independent witnesses, deemed it necessary to conduct search of the driver as well as motorcycle and allegedly recovered 1.016 kg of charas. Since no plausible explanation ever came to be rendered on record qua possession of aforesaid commercial quantity of contraband, Police, after having lodged FIR detailed hereinabove, arrested the petitioner
The right to a speedy trial is a fundamental right under Article 21, and delays in trial can justify bail, even in serious offenses involving commercial quantities of narcotics.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
The right to a speedy trial is a fundamental right; bail may be granted in narcotics cases if incarceration time exceeds reasonable limits without trial completion.
The right to a speedy trial is fundamental under Article 21, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
The right to a speedy trial, as enshrined in Article 21 of the Constitution, supersedes other concerns, justifying the granting of bail despite serious charges and prolonged detention.
In NDPS commercial quantity cases, prolonged incarceration over two years due to inordinate trial delay violates Article 21 speedy trial right; bail grantable despite Section 37 if guilt unproven and....
The denial of bail based solely on the nature of the crime violates the right to a speedy trial under Article 21, especially in cases with prolonged detention awaiting trial.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
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