Court grants bail due to trial delay violating rights under Articles 14 & 21. Conditions set, NDPS Act cases monitored.

The court granted bail to the petitioner due to inordinate trial delay, violating fundamental rights under Articles 14 and 21. The petitioner was ordered to furnish a bond of Rs. 2,00,000 with ten sureties of Rs. 20,000 each. Conditions included attending court hearings, not intimidating witnesses, and weekly police station reporting. Reports on NDPS Act cases with over five years' detention were mandated for equal justice. Next hearing set for 15th January 2021.

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Issues Involved:
1. Whether restrictions imposed by Section 37 of the NDPS Act are overridden by the directions given by the Supreme Court in the Supreme Court Legal Aid Committee vs. Union of India (1994) in the matter of granting bail to undertrials in NDPS cases.
2. The impact of inordinate delay in trial on the fundamental rights of the petitioner under Articles 14 and 21 of the Constitution of India.
3. The applicability of Section 436A of the Code of Criminal Procedure in the context of prolonged detention of undertrials.

Issue-wise Detailed Analysis:

1. Overriding of Section 37 of the NDPS Act by Supreme Court Directions:
The legal question raised was whether the restrictions imposed by Section 37 of the NDPS Act are overridden by the Supreme Court's directions in the Supreme Court Legal Aid Committee vs. Union of India (1994) regarding bail for undertrials in NDPS cases. Section 37 of the NDPS Act imposes strict conditions on granting bail, requiring the Public Prosecutor to be given an opportunity to oppose the bail application and the court to be satisfied that there are reasonable grounds to believe that the accused is not guilty and is not likely to commit any offense while on bail. The court noted that the Supreme Court, in its judgment, took into consideration these statutory restrictions and emphasized the right to a speedy trial under Article 21 of the Constitution, which may necessitate granting bail due to inordinate delay in trials.

2. Inordinate Delay in Trial and Fundamental Rights:
The petitioner, who had been in custody for five years and six months with only two witnesses examined, sought bail on the grounds of inordinate delay in trial, infracting his fundamental rights under Articles 14 and 21 of the Constitution. The court highlighted that the right to bail for an undertrial flows from Article 21, which opposes unnecessary and prolonged detention. The court referred to the Supreme Court's observation that prolonged detention without ensuring a speedy trial would violate Article 21. The court also noted that the Supreme Court's directives in the Supreme Court Legal Aid Committee case were not a one-time measure but were extended to other states, emphasizing the need for equal justice and the right to personal liberty.

3. Applicability of Section 436A of the Code of Criminal Procedure:
The Additional Solicitor General argued that undertrials could apply for bail only after complying with Section 436A of the Code of Criminal Procedure, which allows for bail if the undertrial has undergone detention for half of the maximum sentence for the alleged offense. The court, however, held that the directives of the Supreme Court in the Supreme Court Legal Aid Committee case and Section 436A Cr.P.C. operate in the same field and are supplementary to each other. The court emphasized that these directives should be extended to all undertrials who are similarly situated, ensuring equal justice and personal liberty.

Conclusion:
The court concluded that the petitioner should be released on bail due to the inordinate delay in trial, infracting his fundamental rights under Articles 14 and 21 of the Constitution. The petitioner was directed to be released on bail upon furnishing a bond of Rs. 2,00,000/- with ten sureties of Rs. 20,000/- each, subject to conditions including appearing before the trial court on every hearing date, not intimidating witnesses, and reporting to the concerned police station once a week. The court also directed the submission of reports enumerating cases under the NDPS Act where accused persons have been in detention for five years or more to ensure equal justice for all undertrials.

The matter was scheduled to appear again on 15th January 2021.

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