IMPORTANT POINT
Prolonged incarceration without trial violates Article 21, allowing bail despite restrictions under Section 37 of the NDPS Act.

O R D E R

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is the 1 ^st accused in Crime No.399 of 2023 of Chavara Police Station, Kollam. The above case is registered against the petitioner and others alleging offences punishable under Sections 22(c), 20(b)(ii)(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). The case is now pending as S.C No.1168/2023 on the file of the Additional Sessions Court, Kollam.

3. The prosecution case is that on 08.03.2023 at about 01:30 a.m., a car driven by the 3 ^rd accused was intercepted and searched. During the search 1.4 grams of MDMA and 33 grams of Ganja was seized from the possession of the petitioner. Further case of the prosecution is that 204 grams of MDMA was found concealed in a flap of the dickey door of the car. Hence it is alleged that the accused committed the offence. The petitioner is in custody from 08.03.2023.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. Counsel for the petitioner submitted that, the petitioner is about to complete two years detention. The counsel submitted that the petitioner is entitled for the benefit of the decision of the Hon’ble Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416] , Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022] and also Hasanujjaman and others v. The State of West Bengal [SLP to Appeal (Crl.) No.3221 of 2023]. The counsel submitted that the rigour under Section 37 of the NDPS Act is be relaxed in the peculiar facts and circumstances of the case.

6. Public Prosecutor opposed the Bail Application.

7. When this bail application came up for consideration this Court directed the Registry to get a report from the Trial Court about the present stage of the case. A report is submitted by the Additional District and Sessions Judge-I, Kollam, who is holding the charge of the Additional District and Sessions Judge-II, Kollam. It will be better to extract the report submitted by the learned judge:-

“With reference to the above, I humbly submit the following before the Hon'ble High Court of Kerala.

The Hon'ble High Court of Kerala as per order referred to above directed this court to file a report with regard to the probable time required for completion of trial of S.C. No.1168/2023. Accordingly, the following report is submitted.

The court of Additional Sessions Judge-II, Kollam is lying vacant. I am holding additional charge of the said court.

S.C. No.1168/2023 is a case charge sheeted alleging commission of offences u/s.22(c), 20(b)(ii)(A), 27A and 29 of NDPS Act.

The case stands posted to 24.12.2024 for hearing on charge.

The prosecution has cited 34 witnesses.

Considering the volume of evidence that is likely to be adduced, the number of accused and the number of counsel defending different accused, a period of six months from the date of framing charge appears to be required to dispose of the case.

Therefore, I humbly report before the Hon'ble High Court of Kerala that the trial of S.C. No.1168/2023 on the file of this court can be completed within a period of six months from the date of framing charge.

The above report is submitted before the Hon'ble High Court of Kerala for favour of kind consideration.”

8. From the above it is clear that as on the date of submitting the report the post of the Additional District and Sessions Judge-II is lying vacant and the Additional District and Sessions Judge-I, Kollam is in- charge. That shows that the evidence is not started and it will take further time to concluded the trial.

9. This Court considered the contentions of the petitioner and the Public Prosecutor. In Ankur Chaudhary's case (Supra) the Ap