Back
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
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.
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.
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 per....
The right to liberty is fundamental, and bail may be granted despite statutory restrictions when circumstances justify it, emphasizing the importance of timely trials.
Court can grant bail under the NDPS Act considering the duration of custody and personal circumstances, even for serious charges.
Lengthy custody without prior criminal records can justify bail despite rigorous statutory conditions.
Prolonged incarceration may lead to conditional liberty overriding statutory restrictions under Section 37(1)(b)(ii) of the NDPS Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
