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TMI Blog2025 (1) TMI 1314X X X X Extracts X X X X X X X X Extracts X X X X ..... INARA KHATOON VERSUS HOME SECRETARY STATE OF BIHAR PATNA [1979 (2) TMI 194 - SUPREME COURT], the Hon'ble Supreme Court had declared that the right to speedy trial of offenders facing criminal charges is "implicit in the broad sweep and content of Article 21 as interpreted by this Court". The right to a speedy and expeditious trial is not only a vital safeguard to prevent undue and oppressive incarceration; to mitigate anxiety and concern accompanying the accusation as well as to curtail any impairment in the ability of an accused to defend himself, but there is an overarching societal interest paving way for a speedy trial. This right has been repeatedly actuated in the recent past and the ratio decidendi of the above-referred to Supreme Court's judgments have laid down a series of decisions opening up new vistas of fundamental rights - The guarantee of a speedy trial is intended to avoid oppression and prevent delay by imposing on the Court and the prosecution an obligation to proceed with the trial with a reasonable dispatch. The guarantee serves a threefold purpose. The unequivocal inference is that where the trial has failed to conclude within a reasonable time, resulting i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the NDPS Act at Police Station City Ferozepur City, District Ferozepur. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- "Station House Officer, City Ferozepur, Sat Sri Akal, Today along with Inspector ASI Narinderpal No. 628/FIRO- ASI Rajpal No. 1235/FIRO, HC Joginder Singh No. 145/FIRO, Lady Senior Constable Kulbir Kaur No. 50/FIRO PHG Sandeep Singh No. 22759 on a Government Vehicle No. PB05-R-9848 whose driver ASI Sukhdev Singh No. 365/FIRO were Patrolling and checking in relation to suspicious men, in the area of the Police station Cantt Ferozepur and the police station City Ferozepur. When the police party reached Bagdadi Gate in Ferozepur city while patrolling, the informant stopped my vehicle by signalling and pulled me over to the side and informed me that Kulwinder son of Ruldu, resident of Janta Preet Nagar, Ferozepur City, who used to selling narcotic pills, who is still standing in an empty place adjacent to the Rai Sikh Bhawan built on Kacha Jira Road to sell narcotic pills to customers. If we go to that place now and check it, a large quantity of narcotic pills can be recovered from Kulwinder. This i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that the FIR in question pertains to recovery of 99.876 grams of Etizolam salt which is a commercial quantity and, therefore, the bar under Section 37 of the NDPS, 1985 is attracted. Learned State counsel has filed the custody certificate dated 08.01.2025 in Court today and has relied upon the involvement of the petitioner in 03 other cases viz. 02 under the Excise Act and 01 being under the NDPS Act for which the petitioner stands convicted for one month. She has, accordingly, sought for dismissal of the petition in hand. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner was arrested on 15.04.2022 whereinafter investigation was carried out and challan stands presented on 10.10.2022. Charges in the trial in question were framed on 23.11.2022. Total 10 prosecution witnesses have been cited, out of which only 03 have been examined till date. The rival contention of learned counsel for the parties; as to whether the petitioner has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly, in this country, where the large majority of accused come from poorer and weaker sections of the society, not versed in the ways of law, where they do not often get competent legal advice, the application of the said rule is wholly inadvisable. Of course, in a given case, if any accused demands speedy trial and yet he is not given one, may be a relevant factor in his favour. But we cannot disentitle an accused from complaining of infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial." 7.3. The Hon'ble Supreme Court in a judgment tiled as Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR (Ciminal) 494 has held as under: "18. Criminals are not born out but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner: "loses his identity. He is known by a number. He loses personal possessions. He has no personal relationships. Psychological problems result from loss of freedom, status, possessions, dignity any autonomy of personal life. The inmate culture of prison turns out to be dreadful. The prisoner becomes hostile by ordinary standards. Self perception changes." 23. There is a further danger of the prisoner turning to crime, "as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal" (also see Donald Clemmer's 'The Prison Community' published in 1940). Incarceration has further deleterious effect - where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials - especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily." 7.5. The Hon'ble Supreme Court; in a bail plea under NDPS Act pertaining to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court." 7.7. To the similar effect is the ratio decidendi of the judgments of the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. 55302022 dated 22.08.20223 titled as "Mohammad Salman Hanif Shaikh vs. The State of Gujarat"; Criminal Appeal No. 1169 of 2022 dated 05.08.2022 titled as Gopal Krishna Patra @ Gopalrusma Vs. Union of India and Ankur Chaudhary vs. State of Madhya Pradesh 2024(4) RCR (Criminal) 172 7.8. The right to a speedy and expeditious trial is not only a vital safeguard to prevent undue and oppressive incarceration; to mitigate anxiety and concern accompanying the accusation as well as to curtail any impairment in the ability of an accused to defend himself, but there is an overarching societal interest paving way for a speedy trial. This right has been repeatedly actuated in the recent past and the ratio decidendi of the above-referred to Supreme Court's judgments have laid down a series of decisions opening up new vistas of fundamental rights. The concept of speedy trial is amalgamated into the Article 21 as an essential part of the fundamental right to life ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which mandates that Courts can grant bail to an accused only after hearing the public prosecutor and after having satisfied itself of twin conditions which are reasonable grounds for believing that the accused is not guilty of the offence charged/alleged and that, he is not likely to commit any offence while on bail. The stringent rigours of Section 37 of the NDPS Act, 1985 must be meticulously scrutinized against the backdrop of accused's fundamental right to a speedy trial. The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified at the end of the prosecution by cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in rigours laid down in Section 37 of the NDPS Act, 1985. The legislature in its wisdom, in order to ensure speedy and timely disposal of the cases under the Act, has provided for the constitution of special Courts under Section 36-A of the Act. However, this Court cannot turn Nelson's eye to the protracted delays and systematic inefficiency that frustrate this legislative pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 10. In case of breach of any of the aforesaid conditions and those which may be imposed by the concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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