Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy
2 years, 10 months ago

Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy

Live Law  

"Speedy Justice is a Fundamental Right enshrined under the ambit of Article 21 of the Constitution of India, and the same needs to be given effect by this Court in letter and in spirit, else it will remain as a dead letter of law," the Delhi High Court observed on Tuesday. At the outset, the Court noted that bail under Section 37 of the NDPS Act cannot be granted for offences involving commercial quantity unless the two-fold conditions are met: First, hearing the Public Prosecutor and second, satisfaction of the court based on reasonable grounds that the accused is not guilty of the offence and that he is likely to not commit an offence of a similar nature. S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court In the instant case, the Court noted that neither the Status Report nor the APP in the course of arguments has cited the previous involvement of the Applicant in any other criminal cases, and as such the Applicant has clean antecedents. Further, the Court noted that the main accused, charged with the possession of a larger quantity of contraband and on the basis of whose statement the Applicant was arraigned, has already been released on bail.

History of this topic

Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar
1 day ago
Speedy trial takes precedence over anti-terror law provisions: SC
6 days, 6 hours ago
Watchful, Diligent Judge Can Protect Right To Speedy Trial: Punjab & Haryana HC Directs Trial In Fraud Case To Be Concluded In 2 Yrs
6 days, 13 hours ago
'Surprising' That Pre-Arrest Bail Denied In 3gm Heroin Case, Punjab & Haryana HC Says Courts Must Not Deny Bail In Minor Offences Despite Criminal History
2 weeks, 4 days ago
Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 weeks, 3 days ago
Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
4 months, 1 week ago
‘Will you re-arrest CM?’: Delhi HC on ED petition to cancel Kejriwal's bail
4 months, 2 weeks ago
Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
4 months, 2 weeks ago
CBI Calls Arvind Kejriwal 'Sutradhar' Of Liquor Policy Scam, Delhi High Court Reserves Judgment In Bail Plea
4 months, 3 weeks ago
Delhi excise case: SC to deliver verdict on Kejriwal's plea challenging ED arrest today
5 months, 1 week ago
Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
5 months, 2 weeks ago
K Kavitha to stay in jail as court rejects bail pleas in liquor policy case
5 months, 3 weeks ago
Delhi HC puts interim stay on Arvind Kejriwal's bail order
6 months ago
Delhi court issues notice to ED on CM Arvind Kejriwal’s regular bail plea
6 months, 3 weeks ago
Excise policy case: Delhi HC seeks ED’s response on K Kavitha’s bail plea
7 months, 1 week ago
K Kavitha moves Delhi HC seeking bail in money laundering case linked to Delhi excise policy scam
7 months, 2 weeks ago
Delhi high court rejects ‘fanciful’ bail plea for Kejriwal by law student
8 months ago
NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court
10 months ago
Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
10 months, 3 weeks ago
Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 4 months ago
When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 6 months ago
Sarath Chandra bailed due to poor health, not on case merit: Delhi HC
1 year, 7 months ago
Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
1 year, 10 months ago
HC grants bail to drug accused as cops play truant in trial proceedings
1 year, 11 months ago
Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years ago
UAPA Accused In Jail For 9 Yrs, No Charges Framed Till Date; Delhi HC Asks Trial Court To Decide Bail Plea In 75 Days
2 years, 2 months ago
'Keeping Bail Application Pending For 8 Months Not Consistent With Right To Liberty': Supreme Court In Anil Deshmukh's Plea
2 years, 2 months ago
Anticipatory Bail Can Be Denied Solely For The Reason That Party Tried To Mislead Court: Punjab & Haryana High Court
2 years, 6 months ago
Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
2 years, 6 months ago
Bribes for visa: Karti moves HC for anticipatory bail in ED case
2 years, 6 months ago
"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
2 years, 9 months ago
Delay In Concluding Trial A Significant Consideration While Deciding Bail Applications: Gujarat High Court
2 years, 9 months ago
Accused Can't Be Kept In Custody Indefinitely: Delhi High Court Grants Bail In Rs. Two Crore Cheating Case
2 years, 10 months ago
Punjab High Court rejects Akali leader Majithia’s anticipatory bail in drugs case
2 years, 10 months ago
Drugs Case: Punjab & Haryana High Court Dismisses Akali Leader Bikram Majithia's Pre-Arrest Bail Plea
2 years, 10 months ago
Delhi High Court asks police to respond to Sharjeel Imam’s bail plea in sedition case
3 years ago
Calcutta HC Grants Bail To NDPS Accused In Custody For 6.5 Yrs Noting Inordinate Delay In Trial, Violation Of Article 21
3 years, 1 month ago
[BREAKING] Aryan Khan Case : Bombay High Court Releases Order With Bail Conditions
3 years, 1 month ago
Supreme Court Dismisses NIA's Appeal Against Bail Granted To Man Facing UAPA Trial For Joining ISIS
3 years, 3 months ago
Prolonged Incarceration: Bombay High Court Grants Bail To Man Accused Of Being ISIS Recruit
3 years, 4 months ago
Bombay HC grants bail to Parbhani man accused of being ISIS member
3 years, 4 months ago
Delhi High Court Pulls Up NIA Judge For Delay In Hearing Bail Plea, Directs Expeditious Disposal Without Awaiting Physical Functioning
3 years, 4 months ago
UAPA - Sessions Court's Order Denying Bail Can Be Challenged Only By Appeal Under Section 21 NIA Act Before Division Bench : Madras High Court
3 years, 5 months ago
Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court
3 years, 6 months ago
'No Likelihood Of Trial Being Completed In Near Future' : Bombay High Court Upholds Bail Granted To Youth Accused Of Joining ISIS
3 years, 10 months ago
Drug Menace Destroying Lives Of Citizens: Punjab & Haryana High Court Denies Alleged Drug Peddler's Pre-Arrest Bail Plea [Read Order]
4 years, 1 month ago
[Section 54 NDPS Act] Bombay High Court Refuses Bail To Men Caught With Over 203 Kg Marijuana [Read Order]
4 years, 2 months ago
[Sushant Singh Case] "This Is An Unusual Case, Important Question Of Law Is Involved"; Bombay HC To Extensively Hear Bail Applications Of Abdel Parihar, Dipesh Sawant & Samuel Miranda On Sept 29
4 years, 3 months ago

Discover Related