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TMI Blog2022 (11) TMI 1457X X X X Extracts X X X X X X X X Extracts X X X X ..... EST BENGAL [ 2022 (8) TMI 1493 - SC ORDER] , Apex Court found that an under-trial having suffered incarceration over 1 year and 6 months is entitled for grant of regular bail. Right to speedy trial is one of the objectives of NDPS Act and is rather one of the checks and balances provided under the Act. Section 36 NDPS Act recognizes the need for speedy trial. The provision contained in Section 36 providing for constitution of Special Courts is a means to achieve the end objective of speedy trial. Section 36 well recognizes the need for speedy trial. It is only with an objective to synthesize the right to speedy trial and rigors of Section 37 that the Supreme Court in the afore-referred cases granted concession of regular bail to the under-t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the provisions of NDPS Act against the petitioner. There are 18 cited witnesses and none of them has been examined as yet. He thus submits that the petitioner has undergone custody of approximately 3 years and has a right to speedy trial guaranteed under Article 21 of the Constitution of India. He submits that the false case has been foisted upon the petitioner who has no criminal antecedents. Counsel asserts that right of an accused to have speedy trial stands recognized under the provisions of the NDPS Act as well and, thus, Section 37 of the NDPS Act in such situation has to be read as subservient to the Fundamental Right of the petitioner guaranteed under Article 21 of the Constitution of India. 3. He further relies upon order pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Tony alias Richpal and the same was filed only on 20th of July, 2022. 5. I have heard Ld. Counsel for the parties and have gone through the records of the case. 6. The petitioner has already suffered prolonged incarceration of about 3 years. There is no other case under the provisions of NDPS Act registered against the petitioner. There are 18 cited witnesses and, thus trial is expected to take a long time and is not going to conclude in near future. 7. In the case of Shariful Islam @ Sarif' case (supra), Apex Court found that an under-trial having suffered incarceration over 1 year and 6 months is entitled for grant of regular bail holding that:- 2. Taking into consideration the fact that the petitioner is reported to be in custody s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r offence punishable under Section 21-C of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to the prosecution, the appellant was found to be in possession of narcotic substance i.e. 46 bottles of phensydryl cough syrup containing codeine mixture above commercial quantity. The appellant was arrested on 21.07.2018 and continues to be in custody. It appears that out of 10 witnesses cited to be examined in support of the case of prosecution four witnesses have already been examined in the trial. Without expressing any opinion on the merits or demerits of the rival submissions and considering the facts and circumstances on record, in our view, case for bail is made out. 10. The Supreme Court in another case titled as Mohammad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rigors enumerated under Section 37 of the Act held that convict/accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution of India dehors the stringent provisions of Section 37 of the Act. 12. Right to speedy trial is one of the objectives of NDPS Act and is rather one of the checks and balances provided under the Act. Section 36 NDPS Act recognizes the need for speedy trial. The provision contained in Section 36 providing for constitution of Special Courts is a means to achieve the end objective of speedy trial. Section 36 well recognizes the need for speedy trial. It is only with an objective to synthesize the right to speedy trial and rigors of Section 37 that the Supreme Court in the afore-refer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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