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.