Read Time: 03 minutes
The high court further noted that the charge sheet was filed in June 2022, but even the charges have not been framed. Considering the heavy workload of the Special NDPS Court, the court observed that there is hardly any possibility of the trial being completed within the foreseeable future
The Bombay High Court has recently granted bail to a woman booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, after she was found in possession of 334 grams of heroin.
A single-judge bench of Justice Manish Pitale heard the woman's application, where she contended that she had no prior criminal antecedents and had already been incarcerated as an under-trial for 2 years and 10 months.
She further argued that the charge sheet was filed in June 2022, but no charges had been framed yet, indicating that the trial may not be completed within a reasonable period of time.
While referring to a Supreme Court judgement the bench noted that, “..the period of incarceration generally militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India and that in such a situation, conditional liberty must override the statutory embargo created under Section 37 of the NDPS Act,” the order reads.
The high court further noted that the charge sheet was filed in June 2022, but even the charges have not been framed. Considering the heavy workload of the Special NDPS Court, the court observed that there is hardly any possibility of the trial being completed within the foreseeable future.
Therefore, the bench proceeded to grant bail to the woman while noting that, “Keeping the applicant, who is a woman, in further custody, would not serve any purpose and purely on the aforesaid ground, this Court is inclined to allow the present application,” the order reads.
Case title: Jamila Khatun Rahim Khan vs State of Maharashtra
Please Login or Register
