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2022 (11) TMI 1457 - PUNJAB AND HARYANA HIGH COURTGrant of regular bail - conscious possession of 500 kilograms of poppy husk without any licence - right to speedy trial - petitioner has undergone custody of approximately 3 years - HELD THAT:- The petitioner has already suffered prolonged incarceration of about 3 years. There is no other case under the provisions of NDPS Act registered against the petitioner. There are 18 cited witnesses and, thus trial is expected to take a long time and is not going to conclude in near future. In the case of SHARIFUL ISLAM @ SARIF VERSUS THE STATE OF WEST BENGAL [2022 (8) TMI 1493 - SC ORDER], Apex Court found that an under-trial having suffered incarceration over 1 year and 6 months is entitled for grant of regular bail. Right to speedy trial is one of the objectives of NDPS Act and is rather one of the checks and balances provided under the Act. Section 36 NDPS Act recognizes the need for speedy trial. The provision contained in Section 36 providing for constitution of Special Courts is a means to achieve the end objective of speedy trial. Section 36 well recognizes the need for speedy trial. It is only with an objective to synthesize the right to speedy trial and rigors of Section 37 that the Supreme Court in the afore-referred cases granted concession of regular bail to the under-trials solely on the basis of long incarceration that they have suffered owing to delay in trial. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned and subject to fulfilment of conditions imposed - petition allowed.
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