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SANDEEP MOUDGIL
Rohit K. R. Sharma – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J. (Oral)
The jurisdiction of this Court under Section 439 Cr.P.C., has been invoked for the grant of regular bail to the petitioner in FIR No. 215, dated 21.10.2022, under Sections 15 and 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Panjokhra, District Ambala.
2. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case and he has been in custody for last 1 years and 8 months. The petitioner is not involved in any other case. Challan stands presented on 15.12.2022 and still charges are yet to be framed. He further submits that co-accused Dilhshad Khan @ Chhotu has already been granted concession of bail vide order dated 04.01.2023 passed in CRM-M-59718-2022.
3. Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner is behind bars for last 1 years, 8 months and 10 days, who is not involved in any other case. He has opposed the prayer made in the present petition stating that 72 kg of poppy husk was recovered from the conscious possession of the petitioner.
4. Having heard learned c
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
The main legal point established in the judgment is the recognition of the right to speedy trial under Section 36 of the NDPS Act and the balance between this right and the rigors of Section 37 in gr....
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial can justify bail, regardless of prior criminal antecedents.
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
The court emphasized the right to bail as a rule and the necessity of a speedy trial, ruling that prolonged detention without charges violates constitutional rights.
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.
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
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