Rigours Of S.37 NDPS Act Cannot Be Invoked In Perpetuity To Dilute Right Of Expeditious Trial: Himachal Pradesh High Court

The pronouncement was made by Justice Satyen Vaidya while hearing a plea for bail in a matter where the petitioner-accused had been in custody since March 30, 2021, for offences under Sections 20 and 29 of ND&PS Act.

In his plea the petitioner-accused submitted that he had been in custody for about a year and ten months while the trial was still moving at a snail's pace which in turn had infringed his Constitutional right to an expeditious trial.

Contesting the plea the respondents countered by submitting that the rigor of Section 37 of the NDPS Act would continue to apply throughout the trial and merely, on the ground of delay in conclusion of trial, petitioner cannot be released on bail.

The moot question that fell for adjudication before the bench was as to whether the provisions of Section 37 of the Act could be construed to have same efficacy, throughout the pendency of trial, notwithstanding, the period of custody of the accused, especially, when it is weighed against his fundamental right to have expeditious disposal of trial.

Justice Vaidya observed that the Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of ND&PS Act in perpetuity.

The bench noted that no prosecution witnesses had been examined till date, despite the petitioner remaining in custody since March 2021 which therefore go on to suggest that the trial is not likely to be concluded in near future. There is nothing on record to suggest that the delay in trial is attributable to the petitioner, the court added.

In order to fortify the stand, Justice Vaidya observed that in a number of cases, both the Supreme Court as well as coordinate benches of the High Court have been allowing bail to those accused under the NDPS Act on account of such persons having been kept incarcerated for prolonged periods prior to the trial.

The High Court, therefore allowed the bail plea in this case on the petitioner furnishing personal bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial court.

Case Title: Deep Raj @Neetu Vs State of Himachal Pradesh

Citation: 2023 LiveLaw (HP) 4

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