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2025 Supreme(Online)(SC) 5633

SUPREME COURT OF INDIA
J.K. MAHESHWARI, VIJAY BISHNOI, JJ
SAHIDUL ISLAM – Appellant
Versus
THE STATE OF WEST BENGAL – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No. 6027/2025



Advocates:
For the Appellants/Petitioners: Mr. Soumya Dutta, Mr. Siddhant Upmanyu, Mr. Abhijeet Pandey
For the Respondents: Mr. Kunal Mimani, Mr. Parag Chaturvedi

The court granted bail under the Narcotic Drugs and Psychotropic Substances Act considering prolonged incarceration and trial commencement.

Headnote:The Narcotic Drugs and Psychotropic Substances Act, 1985 governs the offenses related to narcotics. The petitioner, in custody since 20.01.2023 for offenses under this Act, sought bail after two and half years of incarceration. The court, considering the prolonged trial process, granted bail without expressing views on the merits of the case. The issues framed include the petitioner's eligibility for bail given the lengthy incarceration. The court reasoned that the trial's commencement and the duration of custody warranted bail. The special leave petition stands allowed.

Table of Content
1. petitioner seeks bail after lengthy incarceration. (Para 1 , 2 , 3 , 4 , 5 , 6)

ORDER

1. Against an order rejecting the regular bail by the High Court and to seek bail, the present special leave petition has been filed. The petitioner is in custody w.e.f. 20.01.2023 in connection with FIR No. 106 dated 20.01.2023 for the offences punishable under Sections 22(b), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered with Police Station English Bazar, District Malda, West Bengal.

2. After hearing learned counsel for the parties and taking note of the fact the period of incarceration is more than two and half years and also considering the fact that the trial has just commenced and it may take some time to conclude, without expressing any opinion on the merits of the case, we are inclined to release the petitioner on bail.

3. Accordingly, we direct that the petitioner be released on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court.

4. Petitioner to abide all the conditions as imposed and shall regularly attend the trial until exempted by the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court is at liberty to do the needful.

5. Accordingly and in view of the foregoing, the special leave petition stands allowed.

6. Pending application(s), if any, shall stand disposed of.

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