In a significant ruling, the Supreme Court of India addressed concerns over prolonged pre-trial detentions on Thursday, granting bail to an individual detained for over five years in a drug-related case in Uttar Pradesh. The bench, led by Justices B R Gavai and Augustine George Masih, highlighted that continued incarceration without the commencement of a trial should not equate to a sentence.
The case originated in January 2019, with the accused being held under the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act. Despite the lapse of over five years, the trial has not yet started, prompting the Supreme Court to intervene.
The Allahabad High Court had previously denied the accused’s bail plea in March of the last year, a decision that was challenged in the apex court. The Supreme Court criticized the lack of trial commencement, stating, “A prolonged incarceration without commencement of trial, cannot be permitted to result in a sentence without trial.”
The state’s counsel opposed the bail, citing the absence of a co-accused who had earlier been granted bail but failed to appear in court. However, the Supreme Court ruled that the petitioner could not be penalized for the actions of the co-accused, emphasizing that the state could seek to cancel the co-accused’s bail if necessary.
In its decision, the court ordered the petitioner’s release on bail, subject to conditions set by the trial court. This ruling underscores the judiciary’s stance on the rights of the accused, particularly concerning reasonable trial delays and the principle of parity, as all other co-accused in the case had already been granted bail.
