SUPREME COURT OF INDIA
SURYA KANT, J.K. MAHESHWARI, JJ.
Dheeraj Kumar Shukla – Petitioner
Versus
The State of Uttar Pradesh – Respondent
Petitions for Special Leave to Appeal (Crl.) No. 6690 of 2022
Decided On : 25-01-2023
Narcotic Drugs and Psychotropic Substances Act - Bail - Enlargement on regular bail sought by petitioner in a case involving recovery of large quantities of ganja from vehicles. Court grants bail considering absence of criminal antecedents and lengthy custody period.
Fact of the Case:
The petitioner sought enlargement on regular bail in a case involving the recovery of large quantities of ganja from vehicles. The petitioner had been in custody for two and a half years.
Finding of the Court:
The court, without expressing any views on the merits of the case, granted bail to the petitioner based on the absence of criminal antecedents and the lengthy custody period. The court directed the petitioner to appear before the Trial Court on every date of hearing and warned that involvement in future similar cases could lead to bail cancellation.
Issues: Enlargement on regular bail in a case involving recovery of large quantities of ganja from vehicles.
Ratio Decidendi: The court considered the absence of criminal antecedents and the lengthy custody period as grounds for granting bail, despite the commercial nature of the quantity recovered.
Final Decision: The petitioner was directed to be released on bail subject to furnishing bail bonds to the satisfaction of the Trial Court.
ORDER :
1. The petitioner seeks enlargement on regular bail in FIR No. 325/2020, dated 23.06.2020, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’) registered at Police Station Jhunsi, District Pryagraj, Uttar Pradesh.
2. The allegations are that on a secret information, the police authorities intercepted two vehicles on 23.06.2020 i.e. one ‘Gray’ coloured ‘Honda City’ Car and the second ‘White’ coloured ‘Swift Dzire’ Car. On an interrogation at the spot, Praveen Maurya @ Puneet Maurya, Rishab Kumar Maurya and Dheeraj Kumar Shukla were found to be occupants of the ‘Honda City’ Car whereas the petitioner was driving the ‘Swife Dzire’ Car. On taking a search, more than 92 kgs. Ganja was allegedly recovered from ‘Honda City’ Car whereas more than 65 kgs. Ganja was recovered from ‘Swift Dzire’ Car. The accused were arrested at the spot. The petitioner is, thus, in custody since 24.06.2020.
3. It appears that some of the occupants of the ‘Honda City’ Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed.
4. For the reasons stated above but without expressing any views on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court.
5. It is made clear that in addition to the conditions that may be imposed by the Trial Court, the petitioner shall be required to appear before the Trial Court on every date of hearing. In case the petitioner is found to be involved in future in any other similar case, the respondent-State shall be at liberty to seek cancellation of bail granted to him by this Court.
6. The Special Leave Petition stands disposed in the above terms.
7. As a result, pending interlocutory application also stands disposed of.
Bail granted based on absence of criminal history and the circumstances of the case surrounding drug possession.
Prolonged detention without trial and lack of witness examination can justify the granting of bail, even in cases involving serious charges under the Narcotic Drugs and Psychotropic Substances Act.
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