Delay Due To Heavy Rains, Road Blockages Does Not Violate Right To Speedy Trial: HP High Court

The Himachal Pradesh High Court held that the right to speedy trial is not violated when the delay in trial proceedings was due to unavoidable external factors such as road blockages caused by heavy rain.Justice Rakesh Kainthla remarked that: “Due to road blockages from heavy rain, the prosecution could not produce witnesses. However, examining eight witnesses over one year and three months does not show undue delay. Thus, the plea of violation of the right to a speedy trial cannot be accepted.”The petitioner, Man Bahadur Singh approached the High Court seeking regular bail as a case was registered against him under Section 20 of the NDPS Act. In 2023, he was arrested after he was allegedly found in possession of 2.007 kg of charas which is considered a "commercial quantity" under the NDPS Act. The petitioner contended that he was falsely implicated and has been in custody for about one year and ten months, and his right to a speedy trial is being violated. In response, the State contended that the petitioner was found in possession of a commercial quantity of charas and the rigours of Section 37 of the NDPS Act apply to him and he was not entitled for bail. The Court observed that as the contraband seized from the petitioner was of commercial quantity, he was required to satisfy the twin conditions under section 37 of NDPS Act: that he is not guilty and is unlikely to commit any offence while on bail. However, the Court noted he was not entitled to bail as there was nothing on record to show that the petitioner would not indulge in the commission of an offence if released on bail. Also, the Court did not find any unreasonable delay in the trial. Thus, the petition was dismissed. Case Name: Man Bahadur Singh v/s State of H.P. Case No.: Cr. MP(M) No. 1431 of 2025Date of Decision: 09.10.2025For the Petitioner: M/s. Rakesh Chaudhary and Panku Chaudhary, AdvocatesFor the Respondent/State: Mr.Jitender K. Sharma, Additional Advocate GeneralClick Here To Read/Download Order

Delay Due To Heavy Rains, Road Blockages Does Not Violate Right To Speedy Trial: HP High Court

Mehak Aggarwal

Tags