Prolonged trial delay and prosecution inefficiency lead to bail under NDPS Act for accused in heroin possession case.
In a significant judgment, the Delhi High Court has granted bail to Rifat Ali, also known as Danish, who has been in custody since July 18, 2023, under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The bail was granted due to the prolonged delay in the trial and the prosecution's inefficiency in handling the case, highlighting the constitutional right to a speedy trial under Article 21 of the Constitution of India.
The case against Rifat Ali involved the recovery of 300 grams of heroin from the boot of his car in Bareilly, Uttar Pradesh. Despite being in custody for nearly three years, the trial has been significantly delayed, with only partial examination of witnesses conducted. The court noted that the prosecution's approach lacked clarity, and there was confusion over the assignment of the investigating officer, further contributing to the delay.
Justice Girish Kathpalia, presiding over the case, expressed concern over the manner in which the state handled the liberty of the accused. The court emphasized that the role of the police is not merely to arrest individuals but to pursue prosecution seriously. The judgment highlighted the inefficiency and lack of clarity in the prosecution's case handling, which infringed upon the accused's right to a speedy trial.
The court acknowledged that the accused had been in jail since July 2023 and observed that the trial did not appear likely to be concluded within a reasonable time. In light of these circumstances, the court found that the constitutional right to a speedy trial under Article 21 was potent enough to override the stringent conditions of Section 37 of the NDPS Act.
Consequently, the court allowed the bail application and directed that Rifat Ali be released on bail upon furnishing a personal bond of Rs. 10,000 with one surety of the same amount to the satisfaction of the trial court. The court also ordered that a copy of the judgment be sent to the concerned Jail Superintendent and the Commissioner of Police, urging them to take issues of liberty seriously.
This judgment underscores the importance of the constitutional right to a speedy trial and serves as a reminder to law enforcement agencies about their responsibilities in ensuring justice is served efficiently and without undue delay.
Bottom line:-
Bail granted under NDPS Act due to prolonged trial delay and failure of prosecution to effectively pursue the case, emphasizing the constitutional right to a speedy trial under Article 21 of the Constitution of India.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 21/25/29, Constitution of India, 1950 Article 21
Rifat Ali @ Danish v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2897965
