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2022 (6) TMI 1331 - HC - Indian LawsSeeking grant of bail - recovery of commercial quantity of heroin (in addition to an intermediate quantity of charas) - contraband item - baggage rules - whether or not the applicant is entitled to be released on bail on the ground of prolonged incarceration as an undertrial prisoner? - HELD THAT:- The Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) vs. Union of India and Others [1994 (10) TMI 290 - SUPREME COURT] judgment is of foremost significance in this regard. The petition before the Supreme Court was motivated by the delay in disposal of cases under the Act, particularly involving foreigners. During the proceedings, the scope was expanded to cover all undertrial prisoners who were in jail for offences under the Act for a period of over two years. The Court noted that, despite the provision for trial before Special Courts under the Act, the disposal of cases has taken much longer than originally envisioned. The Supreme Court found that the delay in trial, when read with the stringent provisions of Section 37 of the Act, render the fundamental rights of the accused under Articles 14, 19 and 21 of the Constitution in jeopardy. Although the Court declined to quash the charges against the accused on this basis, it accepted the alternative submission that the accused should be released on bail after a certain period of incarceration, if the trial has been delayed beyond a reasonable time. The Court categorized the cases according to the punishment prescribed for the offence in question. As the applicant has been in custody for eight years already, six PWs are yet to be examined, and on the consideration of the various factors noted above, including the provision of Section 37 of the Act, as interpreted in the above judgment of the Supreme Court, it is opined that the applicant is entitled to be released on bail. It is, therefore, directed that the applicant herein be admitted to bail subject to conditions imposed - application allowed.
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