2010 (8) TMI 1185 - SC - Indian Laws

Summary

Issues: Delay in trial leading to prolonged incarceration of the accused under the NDPS Act, grant of bail, need for speedy trial, violation of fundamental rights, conditions for bail, directive for expediting trial, notice to states for cases of undertrials in custody for extended periods.

In this judgment by the Supreme Court, the appellant, an accused under the Narcotic Drugs and Psychotropic Substances Act, 1988, had been in custody for over twelve years without the trial's conclusion in sight. The Court noted the need for speedy trials, especially when bail is restricted under the NDPS Act. Referring to previous observations emphasizing the importance of avoiding unduly long deprivation of personal liberty pending trial, the Court highlighted that continued imprisonment beyond a certain point could violate fundamental rights under Article 21 of the Constitution. Despite past reminders, the issue of prolonged incarceration without progress remained unresolved.

Considering the appellant's extended custody and the lack of immediate trial conclusion prospects, the Court deemed it appropriate to grant bail. The Court directed the appellant to furnish a personal bond with specific conditions, including regular reporting to the trial court and restrictions on leaving the court's jurisdictional area. Any violation of these conditions could lead to bail cancellation at the trial court's discretion. Additionally, the trial court received instructions to expedite the trial and aim to conclude it within a year from the judgment's receipt.

Furthermore, the Court issued a directive to all states through their Chief Secretaries to provide information on cases where undertrials in NDPS Act matters had been in custody for five years or more. The states were required to submit affidavits within eight weeks, and the office was tasked with sending a copy of the order to ensure compliance. The case was listed for further directions immediately after the specified eight-week period, emphasizing the need for timely action and monitoring of cases involving prolonged undertrial detention under the NDPS Act.