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J. B. PARDIWALA, K. V. VISWANATHAN
Chintan Rajubhai Panseriya – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. Exemption Application is allowed.
2. 2. Our Order dated 13-1-2026 reads thus:-
2. The petitioner has been arrested in connection with FIR No. 25 of 2022 dated 29.03.2022 registered with the Anti Narcotic Cell (ANC), Worli Unit, Mumbai for the offence punishable under Sections 8(b), 22(c), 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, respectively (for short the “NDPS Act”).
3. The contraband involved in the present case is Mephedrone. The quantity involved, as per the case of the prosecution, is around 2428 Kilograms.
4. We take notice of the fact that the petitioner is in judicial custody as an under trial prisoner past almost 3½ years. Till this date, even charge has not been framed by the NDPS Court.
5. The learned counsel further submitted that some of the coaccused have been released on bail.
6. He also brought to our notice that the prosecution intends to examine as many as 159 witnesses.
7. Issue notice returnable on 28.01.2026.
8. The learned counsel appearing for the State of Maha
Bail application – Prosecution should examine important witnesses and try to establish its case – There is no point in multiplying witnesses on one and same issue.
Bail – Parameters for grant of bail are narrow in NDPS offences.
Prolonged trial delays caused by prosecution can justify bail, overriding statutory restrictions under Section 37 of the NDPS Act, in light of the right to personal liberty under Article 21.
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