Prolonged Incarceration Violates Fundamental Right; Conditional Liberty Must Override Statutory Embargo U/S 37 NDPS Act: Delhi HC
|The Delhi High Court granted bail to the accused who were arrested after the recovery of the narcotic substances holding that conditional liberty must override the statutory embargo under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) when it is a case of prolonged incarceration.
The Court had observed that “the Applicants are stated to be young boys and their prolonged incarceration may itself result in the denial of their fundamental right to life and liberty guaranteed under Article 21 of the Constitution of India.”
The two accused were apprehended for recovery of the narcotic substances (12 kg of Ganja each). The quantity recovered from both of them was clubbed together to make a case under Section 37 of the NDPS Act, which applies to commercial quantities. The Court held that “the invocation of Section 29 of the NDPS Act against the accused persons cannot be faulted.”
A Single Bench of Justice Navin Chawla observed, “The charge-sheet records that on 01.04.2021, the learned Metropolitan Magistrate has refused to sign on the samples, that is, certifying the same. It is not explained as to how the samples were thereafter sent to FSL and the report was obtained. The Applicants have also alleged that the Malkhana Register has also not been placed on record before the learned Trial Court. The same casts a serious doubt on the case of the prosecution.”
Advocate Satya Bhushan represented the petitioner, while APP Aman Usman appeared for the respondents.
The Court held that “the Applicants are stated to be young boys and their prolonged incarceration may itself result in the denial of their fundamental right to life and liberty guaranteed under Article 21 of the Constitution of India.”
The Court noted that the accused had been in custody for over four years. Even the trial court had stated while rejecting the bail application of the accused that the trial was at a nascent stage with the witnesses yet to be examined and the evidence yet to be proved.
In light of the same, the Court held that the accused were entitled to be released on bail on the ground that the trial was not likely to conclude anytime soon, while the accused had been under custody for a long period.
The Court remarked, “In spite of the stringent test to be met by the accused under Section 37 of the NDPS for being released on bail, it has been held that the same does not fetter grant of Bail to the accused on the ground of undue delay in the completion of trial. It has been held that prolonged incarceration generally militates against the right to life and liberty guaranteed under Article 21 of the Constitution of India.”
Accordingly, the High Court disposed of the bail application.
Cause Title: Vishwajeet Singh v. State (NCT Of Delhi) [Neutral Citation: 2024:DHC:1554]
Appearance:
Petitioner: Advocate Satya Bhushan
Respondent: APP Aman Usman