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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
| Table of Content |
|---|
| 1. bail application details and context (Para 1) |
| 2. factors influencing bail decision (Para 2) |
| 3. disposal of petition and bail order (Para 3) |
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.
The court granted bail to a first-time offender under the NDPS Act, emphasizing the right to a speedy trial and the lack of compliance with mandatory provisions.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
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