15 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Trial >> Criminal Law  

Jagtarsingh, arrested in 2020 under sections 8/15 and 25 of the NDPS Act for allegedly possessing contraband exceeding commercial quantity, has been granted bail by the Rajasthan High Court. The court acknowledged the inordinate delay in trial and the petitioner's prolonged incarceration as key factors in its decision.

Jagtarsingh's arrest stemmed from a police raid in August 2020 that led to the recovery of 88 kgs of poppy husk/straw. While the prosecution argued against bail due to the nature of the charges, the court noted that the trial had made minimal progress, with only a handful of witnesses examined in over three years.

The court also highlighted that Jagtarsingh's co-accused had already been granted bail and found no reason to believe Jagtarsingh would abscond or impede the trial.

Jagtarsingh's bail comes with conditions, including furnishing a personal bond of Rs. 1 lakh and two sureties of Rs. 50,000 each. The court emphasized that Jagtarsingh's absence from hearings or attempts to delay the proceedings would be considered a misuse of bail, allowing the prosecution to seek its cancellation.

This case underscores the importance of a speedy trial, a fundamental right enshrined in the Indian Constitution. The court's decision serves as a reminder that extended pre-trial detention, especially when trial progress is sluggish, can be grounds for granting bail even in serious cases like those involving NDPS Act violations.

  Narcotic Drugs and Psychotropic Substances Act, 1985