High Court Grants Bail in NDPS Case Citing Right to Speedy Trial

 In a significant ruling, the Punjab-Haryana High Court today granted regular bail to Mahan Paswan, alias Makhan, in a case involving drug trafficking charges. The decision, pronounced by Hon'ble Mr. Justice Sandeep Moudgil, underscored the right to a speedy trial as a fundamental aspect of justice.

Observation by the Court: The court observed, "No useful purpose would be served by keeping the petitioner behind bars for an indefinite period," referencing the petitioner's prolonged custody of over two years without substantial progress in the trial.

Background of the Case: Paswan was implicated in an FIR dated October 5, 2021, under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), involving the recovery of 80 Kg and 250 grams of Ganja. The defense highlighted alleged procedural lapses in the investigation, particularly non-compliance with Section 42 of the NDPS Act, which mandates proper recording and reporting of information in drug seizure cases.

Court's Reasoning: Emphasizing the principles enshrined in the Constitution of India, the court observed that the right to a speedy trial is paramount. The court's decision also factored in the slow pace of the trial, as only 3 out of 17 prosecution witnesses had been examined since the charges were framed.

Impact of the Ruling: This ruling is significant in its reinforcement of procedural requirements under the NDPS Act and the constitutional right to a speedy trial. It sets a precedent in cases where delays in the judicial process and potential procedural lapses can impact the rights of the accused.

Future Implications: The decision is expected to influence future bail applications under the NDPS Act, particularly in cases where extended periods of custody and slow trial processes are involved.

Legal Representation: The petitioner was represented by advocate Mr. SPS Khaira, while the respondent, the State of Punjab, was represented by Mr. Rajiv Verma, DAG Punjab.

Date of Decision: 22 December 2023

MAKHAN PASWAN @ MAKHAN VS STATE OF PUNJAB