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RAKESH THAPLIYAL
Sangram Singh @ Santosh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. Present applicant is seeking bail in relation to Case Crime No. 0071 of 2020 for the offences punishable under Section 8/20/60 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS Act”), Police Station – Pantnagar, District Udham Singh Nagar.
2. Learned counsel for the applicant submits that applicant is in jail since 21.03.2020 and there are in total 14 witnesses, however, uptil date only 5 witnesses have been examined. He further submits that applicant has no criminal history and co-accused Sunder Singh, Vishal Kakkar and Nandan Singh have already been enlarged on bail. So far as Sunder Singh is concerned, he has been enlarged on bail on the ground incarceration by the order dated 11.10.2023.
3. I have perused the order dated 11.11.2023 passed by this Court whereby co-accused Sunder Singh was enlarged on bail on the ground of incarceration. This Court while granting the bail to co-accused Sunder Singh referred the judgment of Hon’ble Supreme Court and has also dealt with Section 37 of the NDPS Act. The relevant extract of the order passed by this Court is quoted as under :
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, overriding statutory restrictions.
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, despite the commercial quantity of drugs involved.
The court established that procedural non-compliance under the NDPS Act can lead to bail being granted, especially when the accused has no prior convictions and has faced prolonged detention.
Prolonged incarceration and lack of witness examination can justify granting bail under the NDPS Act, despite the stringent conditions imposed by Section 37.
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
The judgment established that the prolonged incarceration and the absence of criminal antecedents can be considered in granting bail under Section 37 of the NDPS Act, even in cases involving commerci....
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
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