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1999 Supreme(SC) 425

K.T.THOMAS, M.B.SHAH
Manoj – Appellant
Versus
State Of M. P. – Respondent


Judgment

Thomas, J.-Leave granted.

2. Appellant is caught between Scylla and Charybdis. Such a peculiar situation arises but rarely for an accused and he remains in jail for long, without conviction in any case, despite obtaining an order of bail as the High Court of Madhya Pradesh expressed helplessness in considering his plea for release, though he has a legal point in his favour.

3. The aforesaid situation was reached on the following facts: On 22.6.1998 appellant was arrested in connection with a case involving Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short the ‘NDPS Act) registered by the police of Kota in Rajas­than (it can be referred to as “the Rajasthan case”, for convenience) and is remaining in custody. In the meanwhile, another case under NDPS Act started snowballing at Rampura district in Madhya Pradesh which initially was against one Govind Singh and eventually it involved the appellant also (for convenience the latter case can be referred to as “the MP case”). It is said that appellant was recorded as arrested in connection with the MP case on 7.8.1998.

4. Appellant moved for bail in Rajasthan case and after initial setbacks he succeede

















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