J&K High Court stresses that Section 37 of the NDPS Act must be interpreted in line with the fundamental right to life and liberty guaranteed under Article 21

Case: Bashir Ahmad Bhat Vs Union Territory of Jammu and Kashmir

Coram: Justice Sanjeev Kumar

Case No.: Bail App. No. 88/2023

Court Observation: “..With a view to save the constitutionality of Section 37 of the NDPS Act, it is necessary to read Section 37 of the NDPS Act subject to the fundamental right of life and liberty guaranteed under Article 21 of the Constitution of India”.

“..There is not an iota of doubt that prolonged incarceration without bail violates the right of the accused to speedy trial which is implicit under Article 21 of the Constitution of India. In such situation where the Court is of the opinion that the trial in a case has been prolonged beyond reasonable limits, without any reason or justification, it may grant bail to the accused on the strength of Article 21 of the Constitution of India, the rigors of Section 37 notwithstanding”

“This Court, however, views seriously the lapse on the part of the prosecution to examine the rest of six witnesses with promptitude. I, therefore, take this opportunity to remind the trial Court of its onerous duty to conclude the trial without waste of time, more particularly when the accused is in custody”

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J&K High Court stresses that Section 37 of the NDPS Act