Criminal Procedure Code, 1973
Section 439—Bail—Case under NDPS Act—Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered—Petitioner is in custody since last more than two years in connection with FIR—Court not considered the Investigation Officer as a panch witness—Bail granted.
[Paras 6 & 7]