Fundamental Right To Life & Personal Liberty Outweighs Fetters Imposed U/S 37 NDPS Act: Gauhati HC Grants Bail To Accused Incarcerated Since 2020
|The Gauhati High Court granted bail to a man incarcerated since 2020 for alleged possession of a 1.032 kg commercial quantity of methamphetamine tablets.
The Court observed that the right to life and personal liberty guaranteed under Article 21 of the Constitution outweighed the fetters imposed under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The petitioner had been incarcerated for over three years and eight months facing charges under Sections 22(C) and 29 of the NDPS Act.
A Single Bench of Justice Mridul Kumar Kalita observed, “Under the facts and circumstances of a case, this Court comes to the finding that there is an undue delay in the completion of the trial, and that the incarceration of the petitioner is long enough, he would be entitled to get bail on the ground of such prolonged incarceration, as in such a case of prolonged incarceration, the right to life and personal liberty guaranteed to the petitioner under Section (sic) Article 21 of the Constitution of India would outweigh the fetters imposed under Section 37 of the NDPS Act, 1985.”
Advocate S.K. Nargis represented the petitioner, while SC S.C. Keyal appeared for the respondents.
The petitioner had completed more than 3 years and 8 months of detention behind bars. The Court noted that the co-accused in the case was granted bail by the trial court about 7 months ago on the grounds of prolonged incarceration though he was arrested on the same date as the petitioner.
“The fact remains that even after more than three years and eight month the incarceration of the above named petitioner the trial has not yet culminated,” the Court noted.
The Bench referred to the Supreme Court’s decision in Mohd Muslim @ Hussain v. State (NCT of Delhi) where it was held that grant of bail on the ground of undue delay in trial cannot be said to be fettered by Section 37 of the NDPS Act.
“It appears on perusal of the rulings cited by learned counsel for the petitioner that in all the said cases, though commercial quantity of contraband was involved and apparently the embargo of Section 37 would have been applicable in those cases, however, only because of the fact of the prolonged incarceration of the petitioners, the Apex Court allowed the petitioners to go on bail,” the Court remarked.
Consequently, the Court granted bail to the petitioner and held that “the long incarceration of the present petitioner outweighs the embargo of Section 37 of the NDPS, Act 1985 and the petitioner is, therefore, entitled to get bail on the ground of prolonged incarceration only.”
Accordingly, the High Court disposed of the bail application.
Cause Title: Yahiya Khan v. The Union of India