The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.

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 counsel for the respective parties, this Court is of the considered view that since the petitioner has already suffered sufficient period in custody i.e. 1 years, 8 months and 10 days, antecedents of the petitioner are clean and as per the principle of the criminal jurisprudence, no one should be considered as guilty till the guilt is proved beyond reasonable doubt, whereas in the instant case, trial is prolonged and likely to take long time.

5. Even further, right to speedy trial is a part of reasonable, fair and just procedure guaranteed under Article 21. This constitutional right cannot be denied to the accused as is the mandate of the Apex court in "Hussainara Khatoon and ors (IV) v. Home Secretary, State of Bihar, Patna", (1980) 1 SCC 98; wherein it was held as under:

"10. Directions given by this Court in Hussainara Khatoon (supra) to this effect were left to be implemented by the High Courts Hussainara Khatoon and ors. (VII) etc. v. Home Secretary, Bihar and ors. etc. -(1995) 5 SCC 326 - para 2 are as follows :

"2. Since this Court has already laid down the guidelines by orders passed from time to time in this writ petition and in subsequent orders passed in different cases since then, we do not consider it necessary to restate the guidelines periodically because the enforcement of the guidelines by the subordinate courts functioning in different States should now be the responsibility of the different High Courts to which they are subordinate. General orders for release of under-trials without reference to specific fact-situations in different cases may prove to be hazardous. While there can be no doubt that under-trial prisoners should not languish in jails on account of refusal to enlarge them on bail for want of their capacity to furnish bail with monetary obligations, these are matters which have to be dealt with on case-to-case basis keeping in mind the guidelines laid down by this Court in the orders passed in this writ petition and in subsequent cases from time to time. Sympathy for the under-trials who are in jail for long terms on account of the pendency of cases has to be balanced having regard to the impact of crime, more particularly, serious crime, on society and these considerations have to be weighed having regard to the fact-situations in pending cases. While there can be no doubt that trials of those accused of crimes should be disposed of as early as possible, general orders in regard to judge strength of subordinate judiciary in each State must be attended to, and its functioning overseen, by the High Court of the State concerned. We share the sympathetic concern of the learned counsel for the petitioners that under-trials should not languish in jails for long spells merely on account of their inability to meet monetary oblig