Punjab and Haryana High Court (File)The Punjab and Haryana High Court (HC) while granting bail to an NDPS case accused, who has been in custody for nearly three-and-a-half years, said that speedy trial is constitutional right of the accused.
The Bench of Justice Vikas Bahl, while hearing the second bail petition filed by Gaurav Gandhi, booked on March 21, 2019, under Sections 21/61/29/85 of NDPS Act and Section 201 of IPC, observed that the accused is in custody for a long time and since trial is being delayed, he has the right to file a second bail application on ground of delayed trial.
Counsel for Gandhi, Advocates Ramandeep Singh Gill and Harmanjeet Singh, argued that petitioner is in custody since March 21, 2019 and there are 15 prosecution witnesses of which, none have been examined and thus, the conclusion of trial is likely to take time. It was further contended that the first bail application was dismissed on June 30, 2020, and since then over two years have passed and yet no witnesses have been examined.
The state, however, opposing the plea submitted that recovery, in the present case is of commercial quantity and thus, bar under Section 37 of NDPS Act would apply. It is further submitted that the petitioner is involved in two other cases, although, the said cases do not pertain to the NDPS Act.
Justice Bahl, while citing judgment of Rajasthan High Court, observed, “Speedy trial is constitutional right of the accused provided to him under Article 21 of the Constitution of India and in case. The court further ordered him to be released on regular bail on furnishing bail/surety bonds.