Nearly Four Years in Custody Without Conclusion of Trial; Court Says Right to Personal Liberty Must Be Protected
Jammu, July 20: The High Court of Jammu & Kashmir and Ladakh has granted bail to a man accused of possessing a commercial quantity of opium, holding that an under-trial prisoner cannot be kept behind bars indefinitely merely because the allegations arise under the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The bail order was passed by Justice Rajesh Sekhri, who allowed the petition of the accused, observing that prolonged incarceration without the completion of trial amounts to an unreasonable restriction on personal liberty.
The petitioner had been in judicial custody since July 9, 2022, in connection with an FIR registered at Police Station Gangyal, Jammu, under Sections 8 and 18 of the NDPS Act.
During the proceedings, the Court noted that the alleged recovery of 2.976 kilograms of opium falls within the category of commercial quantity, attracting the stringent provisions of the NDPS Act. However, it emphasized that despite the seriousness of the allegations, the accused had already spent nearly four years in custody while the trial had yet to conclude.
In its observations, the High Court held that the liberty of an under-trial prisoner cannot be curtailed for an indefinite period solely because the alleged offence is punishable under a stringent law, reiterating that prolonged detention without timely conclusion of trial cannot be justified.
Accordingly, the Court allowed the bail application, reinforcing the constitutional importance of safeguarding the right to personal liberty even in cases involving serious criminal allegations, subject to the facts and circumstances of each case.
Advocate Supreet Singh Johal represented the petitioner, while Deputy Advocate General Pawan Dev Singh appeared on behalf of the Union Territory of Jammu and Kashmir.(KNC)
