1. Application for regular bail in proceedings under Sections 21(c) and 29 of the N.D.P.S. Act. (Para 1 )
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2022 Supreme(SC) 1937
SUPREME COURT OF INDIA
SURYA KANT, VIKRAM NATH, JJ.
Karim Adaldar – Appellant
Versus
State of West Bengal - Respondent
Petition(s) for Special Leave to Appeal (Crl) No(s). 8653 of 2022
Decided On : 25-11-2022
Important Points
The Court granted regular bail to the petitioner under the NDPS Act, considering the period of custody already undergone and the lack of likelihood of trial completion in the near future, without expressing views on the merits of the case.
Subject
Criminal Law - Bail and Release
Act Referred
N.D.P.S. Act: S.21(c), S.29
Headnote
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(c) and 29 - Petition for Special Leave to Appeal regarding bail - The petitioner sought regular bail under the NDPS Act. The court considered the duration of custody, lack of trial progress, and granted bail without commenting on case merits. (Paras 1-2)
(B) Judicial Discretion - The court's discretion in bail proceedings depends on factors such as the period of custody and trial timelines.
Findings of Court:
The petitioner is to be released on bail, ensuring compliance with specified conditions.
Issues: The main issue was whether to grant bail based on custody and trial duration.
Ratio Decidendi: The court emphasized that prolonged detention without trial supports bail considerations.
Result: Bail granted.
(B) Judicial Discretion - The court's discretion in bail proceedings depends on factors such as the period of custody and trial timelines.
Findings of Court:
The petitioner is to be released on bail, ensuring compliance with specified conditions.
Issues: The main issue was whether to grant bail based on custody and trial duration.
Ratio Decidendi: The court emphasized that prolonged detention without trial supports bail considerations.
Result: Bail granted.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appellant : Mr. Rameshwar Prasad Goyal, Mr. Ranjan Mukherjee, Mr. Anindo Mukherjee, Ms. Aayushi
For the Respondent: Ms. Astha Sharma, Mr. Ravinder Singh, Mr. Raveesha Gupta, Mr. Mantika Haryani, Mr. Sanjeev Kaushik, Ms. Shreyas Awasthi, Mr. Devvrat Singh
Advocate Appeared:
For the Appellant : Mr. Rameshwar Prasad Goyal, Mr. Ranjan Mukherjee, Mr. Anindo Mukherjee, Ms. Aayushi
For the Respondent: Ms. Astha Sharma, Mr. Ravinder Singh, Mr. Raveesha Gupta, Mr. Mantika Haryani, Mr. Sanjeev Kaushik, Ms. Shreyas Awasthi, Mr. Devvrat Singh
Table of Contents
2. Petitioner sought regular bail based on the duration of custody and the unlikely completion of trial in the near future. (Para 2 )
3. The court considered the duration of the petitioner's custody and the improbability of the trial concluding in the near future. (Para 2 )
4. Regular bail may be granted considering the period of custody undergone and the lack of likelihood of trial completion in the near future. (Para 2 )
5. Special Leave Petition disposed of with the petitioner ordered to be released on bail subject to furnishing bail bonds. (Para 2 , 3 )
6. What factors may justify the grant of regular bail in cases involving the N.D.P.S. Act?
The court may grant regular bail by taking into account the period of custody already undergone by the petitioner and the fact that the trial is unlikely to be completed in the near future. (Para 2 )
ORDER :
1. The prayer in this case is to grant regular bail to the petitioner in First Information Report No.748 of 2021 dated 28-12-2021 under Sections 21(c) and 29 of the N.D.P.S. Act , registered at Hasnabad Police Station.
2. Having heard learned counsel appearing for the parties and keeping in view the period of custody already undergone by the petitioner, and there being no likelihood of completion of trial in the near future, but without expressing any views on the merits of the case, the petitioner is ordered to be released on bail, subject to his furnishing bail bonds to the satisfaction of learned Additional Sessions Judge, 6th Court, Barasat, District – North 24 Parganas, West Bengal.
3. The Special Leave Petition is disposed of in the above terms.
