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Supreme Court of India 2023-03-28 allowed

MOHD MUSLIM @ HUSSAIN vs STATE (NCT OF DELHI)

Bench: 2 — S. Ravindra Bhat, Dipankar Datta

In Brief

A man arrested in 2015 on drug trafficking charges under the NDPS Act spent over seven years in jail with his trial barely halfway through, having had little involvement except for alleged bank transfers. The Supreme Court held that while the NDPS Act imposes strict bail restrictions, these are constitutionally justified only if trials proceed quickly. When trials are inordinately delayed and an accused has suffered prolonged incarceration, courts must interpret the \"satisfaction\" condition reasonably, not literally exclude bail. The Court ordered his release on bail, emphasizing that fundamental rights to liberty and speedy trial cannot be entirely superseded by stringent statutory provisions, especially when evidence of serious guilt is weak.

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Criminal Appeal Bail Narcotic Drugs and Psychotropic Substances Act Right to Speedy Trial Article 21 of Constitution Fundamental Rights Undertrial Prisoners

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