2006 (12) TMI 576 - HC - Indian Laws

Summary

Issues Involved:
1. Suspension of substantive sentence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
2. Delay in hearing appeals under the Act.
3. Constitutional validity of Section 32-A of the Act.
4. Guidelines for granting bail during the pendency of appeals.

Issue-Wise Detailed Analysis:

1. Suspension of Substantive Sentence:
The applicant-appellant sought suspension of his sentence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, citing that he had already served over seven years of his 12-year sentence and that his appeal was unlikely to be heard soon.

2. Delay in Hearing Appeals:
The court noted the significant delay in hearing appeals under the Act, with many convicts languishing in jail due to the backlog. The court decided to frame guidelines for granting bail in such cases where appeals cannot be heard within a reasonable time.

3. Constitutional Validity of Section 32-A:
Section 32-A of the Act, which restricted the suspension of sentences during appeals, was discussed. The Supreme Court in "Maktool Singh v. State of Punjab" held that Section 32-A took away the powers of courts to suspend sentences during appeals. However, in "Dadu alias Tulsi Dass v. State of Maharashtra," the Supreme Court struck down Section 32-A to the extent it barred courts from suspending sentences during appeals, emphasizing the right to liberty and speedy trial under Article 21 of the Constitution.

4. Guidelines for Granting Bail:
The court acknowledged the need for guidelines to address the delay in hearing appeals and the plight of convicts. The following principles were adopted for granting bail:

- Convicts with Sentences Over Ten Years: Entitled to bail after serving a total of six years, including at least fifteen months post-conviction.
- Convicts with Ten-Year Sentences: Entitled to bail after serving a total of four years, including at least fifteen months post-conviction.
- Convicts with Marginally More Than Non-Commercial Quantity: Entitled to bail after serving three years, including at least twelve months post-conviction.
- Convicts Not Arrested at the Spot: Entitled to bail after serving two years, including at least twelve months post-conviction, provided they are not charged under Sections 25, 27-A, and 29 of the Act.

Exceptions:
- Proclaimed offenders, absconders, repeat offenders, foreign nationals, and those convicted with extraordinary heavy quantities of contraband were excluded from these guidelines.
- Convicts under Sections 31 and 31A of the Act were also excluded.

Additional Considerations:
- The guidelines would not affect the right to apply for interim suspension of sentence due to exceptional hardship or the right to seek bail on merits.
- Listing of an appeal should not impede the exercise of bail, and previous rejection of bail applications would not bar a convict from seeking bail after the necessary detention period.

Conclusion:
The court allowed the applicant-appellant's request for bail, considering he had served over seven years of his sentence and the appeal was unlikely to be heard soon. The court directed the release of the applicant-appellant on bail, subject to furnishing adequate surety bonds, and ordered the dissemination of the judgment to relevant prison authorities for informing all prisoners.