Sandesh v. State Of Haryana
!"# $%&# &'()(* $*+&), &%(%(*&- .) %$%&# $-/$*$ &)0*+&*%
12 3
!"
#$
%%%%
3 45-$67
"&$$!!!! '' # (" $ "! # &! & !! " $!
)
*$ $ ! " ! +,- . .
""$! & /0 ,-1 )2)) )2!( $"
&1-345!6( 78 # (
,
9 "! " " : . & "&.
1+31+!)2), .
,,14)!)2), 1- )2),13 2;
)2),"!&"
+
" "
& ! ! ),"< !=+<)22 !
! . 9 .&&$ '">
"
: . !" "&! $ "
! < # "
$< !! < : ! ! ' ? ! !!@.&75 "8" )585&8!(
*" $ # $!
21$2+ 2;$ $< &
&
=
: . """&$" $!&! '" < : . " ! '
!.& '! <" ₹ !"!! 12222A " & &
;
# . " $ : . " $ "?" ! !!& & ! " " ! $ ! " $! 21$2+ 2;$
,;!( &!&
< "!!
!
& $!"& B !1;
&$" $2=&? !" " $< 0 ,;!( & && ) !+"
)1!. !0"!! ! ! &$!"$ "
9.
In "Union of India v. K.A. Najeeb", (2021) 3 SCC 713, it has been observed by Hon'ble Supreme Court that it has been clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial. Besides, in a decision rendered by Hon'ble Supreme Court in Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, Special Leave to Appeal (Crl.) No.5530 of 2022, decided on 22.08.2022, appellant had spent about 2 years in custody and trial was likely to take time. The case of the prosecution was that recovery of commercial quantity of contraband was effected from the appellant. However, considering the custody period, Hon'ble Supreme Court was pleased to grant regular bail. In Chitta Biswas @ Subhas Vs.
The State of West Bengal, Criminal Appeal No.245/2020, decided on 07.02.2020, Hon'ble Supreme Court was pleased to grant concession of bail to the appellant in a case where the custody period was 1 year and 7 months approximately despite the fact that recovery was of commercial quantity. In yet another case titled Gopal Krishna Patra @ Gopalrusma Vs. Union of India, Criminal Appeal No.1169 of 2022, decided on 05.08.2022, the custody period of the appellant therein was approximately 2 years and 1 month. Considering the length of custody, concession of bail was granted.
In Nitish Adhikary @ Bapan Vs. The State of West Bengal, Special Leave to Appeal (Crl.) No.5649/2022, decided on 01.08.2022, the appellant therein was in custody for the last 1 year and 7 months in a case , !+"
involving recovery of commercial category of contraband. The bail was granted by Hon'ble Supreme Court. In that case, Hon'ble Supreme Court also made reference of Section 37 of the NDPS Act, but the bail was granted after considering the custody period.
#
! ! & $ !""
& & ! &
& $&!! . A( $
&'&89&- 4 5 3 7 -&*:
C "<A DA C "& DA + !+"