Crl.A. No. 001640 / 2010

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Prolonged pre-trial detention of undertrials beyond half the maximum prescribed sentence, particularly in NDPS Act cases where bail is restricted under Section 37, constitutes a flagrant violation of the fundamental right to speedy trial under Article 21 of the Constitution. As analyzed on casestatus.in, courts are obligated under Article 141 read with Article 32 to issue systemic directions — including strict limits on adjournments, block witness examination, establishment of exclusive special courts, and time-bound re-testing applications — to remedy such structural violations.