Inside Court News

Section 37 of NDPS Act, does not fetter grant of bail, if undue delay of trial: Delhi HC

Issue:- The court was deciding the grant of bail to 2 persons who were caught with 12 kg of cannabis each.

Analysis:– It was observed by the Delhi HC that, as per section 37 of the NDPS act, there are stringent tests for the grant of bail but the same in any case does not disturb the grant of the bail if there was an undue delay in the trial of the accused.

Section 37 of the Act the court can grant the bail to an accused of the drugs case if it is satisfied that there was reasonable ground to believe that the person was not guilty and is unlikely to commit any such offense once released.

It was observed by Justice Naveen Chawla that the right to life and liberty of a person gets threatened if there is prolonged incarceration.

He said that conditional liberty must have an overriding effect over the embargo that has been put in place by the statute.

Conclusion:- The court considered the case and said that the trial against the accused persons would not have ended any time soon, and since the accused men have been in jail for a long time they had to be granted bail.

Case Title:- Vishwajeet Singh v State (NCT of Delhi)

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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