1. Possession of opium — Application for regular bail under Narcotic Drugs and Psychotropic Substances Act, 1985. (Para 2 , 3 )
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2023 Supreme(SC) 80
SUPREME COURT OF INDIA
SURYA KANT, J.K. MAHESHWARI, JJ.
Raju Ram – Petitioner
Versus
The State of Bihar – Respondent
Petition for Special Leave to Appeal (Crl.) No. 307 of 2023
Decided On : 31-01-2023
Important Points
IMPORTANT POINT
Bail application – Rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 can be exempted where Petitioner has no criminal antecedents and petitioner has already spent long period in custody.
Bail application – Rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 can be exempted where Petitioner has no criminal antecedents and petitioner has already spent long period in custody.
Subject
Bail - Regular Bail
Act Referred
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Criminal Procedure Code, 1973 – Section 439 – Bail application – Seizure of Opium – Petitioner is incarcerated for more than five years – Trial has commenced and out of eight witnesses, two witnesses have reportedly been examined by Trial Court – However, conclusion of trial will still take some time – Petitioner has no criminal antecedents – Period which petitioner has already spent in custody is sufficient to exempt rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail granted. (Paras 4, 6 and 7)
Facts of the case:
Petitioner seeks his enlargement on regular bail in N.D.P.S. Case No.07/2019/02/18, arising out of Sherghati Excise Case No.537/2017, which is pending in the Court of Additional Sessions Judge III, Gaya (Bihar).
Findings of Court:
Petitioner is directed to be released on bail, subject to his furnishing bail bonds to the satisfaction of Trial court.
Result : Special Leave Petition disposed of.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioners: Devendra Kumar Singh, Karunakar Mahalik.
For the Respondents: Abhinav Mukerji, Akshay C. Shrivastava, Bihu Sharma, Pratishtha Vij.
Advocate Appeared:
For the Petitioners: Devendra Kumar Singh, Karunakar Mahalik.
For the Respondents: Abhinav Mukerji, Akshay C. Shrivastava, Bihu Sharma, Pratishtha Vij.
Table of Contents
2. Petitioner seeks enlargement on regular bail citing prolonged incarceration and lack of criminal antecedents. (Para 2 , 4 , 6 )
3. Trial progress is slow, the petitioner has no criminal history, and prolonged incarceration justifies exemption from the rigours of Section 37, NDPS Act. (Para 6 )
4. Prolonged incarceration may be sufficient to exempt an accused from the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (Para 6 )
5. Petitioner enlarged on regular bail subject to furnishing bail bonds to the satisfaction of the Trial Court. (Para 7 , 8 )
6. Can prolonged incarceration mitigate the strict bail conditions under Section 37 of the NDPS Act?
Yes, the court held that the period spent in custody can be sufficient to exempt a petitioner from the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (Para 6 )
7. Does the slow progress of a trial influence the grant of bail in NDPS cases?
Yes, the court considered the fact that the conclusion of the trial would still take some time as a factor in granting bail. (Para 6 )
8. Does a lack of criminal antecedents support a bail application under the NDPS Act?
Yes, the court noted the absence of criminal antecedents as a relevant factor in its decision to enlarge the petitioner on bail. (Para 6 )
ORDER :
1. Applications seeking exemption from filing certified copy of the impugned Order as also seeking exemption from filing official translation of the Annexure are allowed.
2. The petitioner seeks his enlargement on regular bail in N.D.P.S. Case No. 07/2019/02/18, arising out of Sherghati Excise Case No. 537/2017, which is pending in the Court of learned Additional Sessions Judge-III, Gaya (Bihar).
3. The allegations are that during checking by the excise officials at Dhirjabridge (Dobhi Chatra Road), two persons including the petitioner were caught with two packets containing 12 kg and 13 kg opium respectively.
4. The petitioner has surrendered on 28.12.2017 and is in custody since then. The petitioner is thus incarcerated for more than five years.
5. We have heard learned counsel for the parties and perused the material placed on record.
6. It is true that trial has commenced and out of 8 witnesses, 2 witnesses have reportedly been examined by the Trial Court. However, the conclusion of trial will still take some time. The petitioner has no criminal antecedents. The period which the petitioner has already spent in custody is sufficient to exempt the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
7. Consequently, without expressing any views on the merits of the case, we are inclined to enlarge the petitioner on bail.
8. The petitioner is, therefore, directed to be released on bail, subject to his furnishing bail bonds to the satisfaction of the Trial court.
9. The Special Leave Petition is disposed of in the above-terms.
