2004 (2) TMI 703 - SC - Indian Laws

Summary

Issues:
Denial of bail to appellants under NDPS Act, Violation of Section 42 of NDPS Act, Consideration of special circumstances for bail, Directions for release on bail with conditions.

Analysis:
The judgment revolves around an appeal against the denial of bail to the appellants who were accused in a criminal case under the NDPS Act. The prosecution's case involved the recovery of drugs and cash from the appellants during a police interception based on prior information. The appellants, lacking licenses for narcotic drugs, were arrested and subsequently denied bail by the Sessions Court and the High Court.

During the appeal, the appellants argued that the case against them was falsely fabricated. They presented evidence of a telegram alleging their illegal detention, which raised concerns about their safety. The Court acknowledged the seriousness of the allegations and the lack of investigation into the matter by the police. Despite the stringent provisions of the NDPS Act and the framing of charges against the appellants, the Court considered the special circumstances surrounding the case.

A crucial point raised was the alleged violation of Section 42 of the NDPS Act, which mandates certain procedures during the search and seizure of drugs. The Court noted the absence of any mention of this violation in the impugned order, emphasizing the mandatory nature of compliance with Section 42. The Court directed the release of the appellants on bail, imposing specific conditions to ensure their presence and cooperation during the trial.

The conditions for bail included executing a bail bond, surrendering passports if not already seized, and reporting to the authorities at specified intervals. The Court also instructed the Special Judge to expedite the trial process and emphasized that any statements made regarding the case's merits should not influence the final decision.

Ultimately, the appeal was disposed of, and the appellants were granted bail with the specified conditions. Additionally, a Transfer Petition related to the case was dismissed as withdrawn, concluding the legal proceedings in this matter.