In an order pronounced on February 28, Justice Navin Chawla said that prolonged incarceration generally militates against the right to life and liberty guaranteed under Article 21 of the Constitution of India. Therefore, conditional liberty must override the statutory embargo on the grant of bail under Section 37 of the NDPS Act, he held.
“From the above [judgments cited], it is apparent that inspite of the stringent test to be met by the accused under Section 37 of the NDPS for being released on bail, it has been held that the same does not fetter grant of Bail to the accused on the ground of undue delay in the completion of trial. It has been held that prolonged incarceration generally militates against the right to life and liberty guaranteed under Article 21 of the Constitution of India and therefore, the conditional liberty must override the statutory embargo under Section 37 of the NDPS Act,” the Court said.
Source: Barandbench
