Pre-trial Custody Must Not Exceed Beyond a Reasonable Time: High Court Grants Bail in NDPS Case

In a recent judgment, the court emphasized the importance of not extending pre-trial custody beyond a reasonable duration. The court stated, "Although this court is granting bail primarily because pre-trial custody must not exceed beyond a reasonable time, and given the delay in the trial, further pre-trial custody would not be justifiable at this stage." The court further highlighted the repercussions of prolonged pre-trial custody, noting that it could lead to "loss of faith in the justice system."

The court also pointed out the serious nature of the offense, emphasizing that the accused is a habitual offender and the offense pertains to drugs, which have had devastating impacts on communities and families. The court urged the concerned trial court to expedite the trial process, emphasizing the importance of a swift trial in maintaining public trust in the justice system.

In its observations, the court emphasized the importance of balancing the liberty of the accused with the necessity of a fair trial. The court stated, "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them." The court further stressed that while imposing bail conditions, it is essential to avoid conditions that might deprive the accused of their rights and liberties.

The court's decision to grant bail was also influenced by the need to ensure the safety of society. The court believes that in return for protection from further incarceration, the accused should exhibit desirable behavior. The court warned the petitioner, stating, "If the petitioner again indulges in drugs, then while considering the grant of bail in such cases, the concerned Courts may keep it as a factor that this Court had granted a final opportunity to the petitioner to mend his ways."

The judgment serves as a reminder of the importance of timely trials and the need to strike a balance between the rights of the accused and the safety of society.          

Date of Decision: 16 October 2023                                          

Irfan Khan VS State of Haryana