Section 37 of NDPS Can Be Diluted in View of Salutary Provisions of Article 21 Which Provides For The Right To A Speedy Trial: P&H HC
In a significant legal development, the Punjab & Haryana High Court, in a judgment delivered on November 21, 2023, granted bail to the accused, Balwinder Kumar, who was facing charges under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case pertained to the recovery of contraband substances.
The High Court’s decision to grant bail was based on a careful examination of the circumstances, which included the alleged non-compliance with Sections 42 and 50 of the NDPS Act. The petitioner, through his counsel, had vehemently claimed that he was falsely implicated in the case. Moreover, as a first-time offender, Balwinder Kumar had been in custody since February 15, 2023, and none of the 14 prosecution witnesses had been examined at the time of the bail application.
The High Court’s judgment emphasized the importance of the right to a speedy trial, as enshrined in Article 21 of the Constitution of India. The Court, while considering the provisions of Section 37 of the NDPS Act, which deals with the grant of bail in cases involving commercial quantities of contraband, noted that there was substantial compliance with this section in the petitioner’s case.
The Court’s observation, while granting bail, stated, “In this situation, the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial and the case of the petitioner can be considered for the grant of bail.”
The judgment further outlined the conditions for the petitioner’s release, including regular appearances before the concerned authorities and the deposit of a substantial amount as a financial security, which would be forfeited in case of absence from trial without sufficient cause.
Date of Decision: November 21, 2023
Balwinder Kumar @ Balbinder Singh VS State of Punjab
