2014 (9) TMI 1126 - HC - Indian Laws

Offences punishable under Sections 22/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application - nature of offence - Held that - Considering the fact that the petitioners are in custody for last 203 days and the investigation is complete and the chargesheet has already been submitted and further considering the fact that the consignment in question was validly imported in India and the same has already been seized, we are of the opinion that further detention of the accused/petitioners is not necessary. Therefore, the accused/petitioner no. 1, namely, Niyazuddin Sk., and the petitioner no. 2, namely, Md. Asif Aslam, be released on bail upon furnishing a bond of ₹ 15,000/- (Rupees fifteen thousand) only each with two sureties of like amount, one of whom must be local each, to the satisfaction of the learned Chief Judicial Magistrate, Barasat.

Summary

Issues: Bail application in a case under Sections 22/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis:
The judgment delivered by the High Court of Calcutta pertains to a bail application filed by the petitioners in connection with a case involving offences punishable under Sections 22/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners had been in custody for 203 days, and the investigation had been completed with the chargesheet already submitted. The advocate for the petitioners highlighted these facts, which were not disputed by the State's advocate. The court, after considering the submissions and the materials available in the case diary, noted that the petitioners had been in custody for a significant period, the investigation was complete, and the consignment in question had been validly imported and seized. Based on these considerations, the court concluded that further detention of the accused/petitioners was unnecessary.

The court, therefore, granted bail to the accused/petitioner no. 1 and petitioner no. 2 upon furnishing a bond of Rs. 15,000 each with two sureties of like amount, one of whom must be local, to the satisfaction of the Chief Judicial Magistrate, Barasat. The application for bail was allowed, and the petitioners were ordered to be released. The judgment reflects a balanced approach, taking into account the period of custody, completion of investigation, and the circumstances surrounding the case, ultimately leading to the grant of bail to the petitioners.