Supreme Court: Prolonged Incarceration Due to Trial Delays Violates Article 21; Bail Consideration Possible Under NDPS Act

The Supreme Court of India has ruled that prolonged incarceration due to delays in trial proceedings infringes upon Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. This landmark decision asserts that individuals can be considered for bail under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite the stringent conditions typically associated with Section 37 of the Act. The ruling came in the context of the case of Ankur Chaudhary, who faced significant delays in his trial process.

The court emphasized that the fundamental rights of individuals should not be compromised due to inefficiencies in the judicial process. It acknowledged that the NDPS Act imposes stringent conditions for bail, primarily to control drug trafficking and abuse. However, the court highlighted that these conditions should not lead to indefinite detention without trial, as it contradicts the essence of Article 21.

The judgment noted that excessive delays in trial could not justify prolonged pre-trial incarceration, and courts must balance the need for stringent anti-drug laws with the fundamental rights of the accused. By allowing bail in cases of undue trial delays, the Supreme Court underscored the importance of timely justice and the protection of individual liberties. The ruling is seen as a significant step towards ensuring that the judicial process does not become a tool for arbitrary and prolonged detention.

For more details, you can read the full article on LiveLaw here.