W. DIENGDOH
Amrit Mandal – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT (ORAL)
W. Diengdoh, J. - Heard Mr. S.A. Sheikh, learned counsel for the petitioner who has submitted that the petitioner is the nephew of the accused person Smti. Bina Sarkar who was arrested in connection with Nongpoh P.S. Case No. 190 (10) 2022 under Section 21(b)/29 of the NDPS Act and as such, has come before this Court with this instant petition seeking grant of bail on behalf of the said accused person.
2. It is also submitted that in due course, the Investigating Officer had filed the charge sheet, although, the same is not the complete charge sheet where a prayer was made before the Court of the learned Special Judge (NDPS), Nongpoh for filing of a supplementary charge sheet. As soon as the FSL report is received, the matter was however taken up for trial before the learned Special Judge (NDPS), Nongpoh and the stage of the trial is for recording of evidence. So far, only the examination-in-chief of one witness, that is, PW. 1 was taken up by the learned Special Court, whose evidence was recorded on 05.10.2023 and the cross-examination was reserved mainly on the ground that the learned counsel appearing for the accused has withdrawn from the case. The matter was agai
Bail should not be punitive; it is granted based on the presumption of innocence, with consideration of the accused's health and lack of incriminating evidence.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
The court reaffirmed that bail under the NDPS Act requires strict adherence to Section 37(1)(b)(ii), emphasizing that health conditions alone do not justify bail in serious drug offenses.
The court ruled that in drug trafficking cases involving intermediate quantities, lack of direct evidence linking the accused to the contraband can justify granting bail.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The provisions of Section 37 of the NDPS Act set limitations on granting bail for offences punishable for a term of imprisonment of five years or more under the Act, and the previous record of the ac....
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
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