Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1640 OF 2010

THANA SINGH

—

APPELLANT

VERSUS

CENTRAL BUREAU OF NARCOTICS

—

RESPONDENT

O R D E R

1. This order, and its accompanying directions, are an outcome of

the bail matter in Thana Singh Vs. Central Bureau of

Narcotics listed before this bench, wherein an accused, who

had been languishing in prison for more than twelve years,

awaiting the commencement of his trial for an offence under

the Narcotics Drugs and Psychotropic Substances Act, 1985

(hereinafter referred to as the “NDPS Act”), was consistently

denied bail, even by the High Court. Significantly, the maximum

punishment for the offence the accused was incarcerated for, is

twenty years; hence, the undertrial had remained in detention

1

Page 2

JUDGMENT

for a period exceeding one-half of the maximum period of

imprisonment. An express pronouncement of this Court in the

case of

Supreme Court Legal Aid Committee

Representing Undertrial Prisoners Vs. Union of India &

Ors.¹, which held that “where the undertrial accused is

charged with an offence(s) un