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2022 (8) TMI 1305 - SCH - Indian LawsSeeking enlargement on bail - Section 21(c) and 37 of the NDPS Act - HELD THAT - The petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents. Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, the bail is granted to the petitioner. The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court - SLP disposed off.
Issues Involved:
Grant of bail under the NDPS Act in a specific case. Analysis: The Supreme Court, comprising Hon'ble Mr. Justice Surya Kant and Hon'ble Mr. Justice Abhay S. Oka, addressed a petition seeking bail in a case registered under Sections 21(c) and 37 of the NDPS Act. The petitioner had been in custody for over a year and seven months by the date of the hearing, with the trial being in its initial stages and only one witness examined. Notably, the petitioner had no prior criminal record. The Court, without delving into the case's merits, considered the time already spent in custody and the overall circumstances. Consequently, the Court decided to grant bail to the petitioner, subject to the fulfillment of bail conditions to the Trial Court's satisfaction. The Special Leave Petition was disposed of accordingly, and any pending applications were also resolved. This judgment underscores the Court's discretion in granting bail, emphasizing factors such as the duration of custody, the stage of the trial, and the absence of past criminal involvement by the petitioner. The Court's decision was based on a holistic assessment of the situation, without making any prejudgments on the case's merits. The order reflects the Court's commitment to ensuring fairness and justice while upholding the principles of bail under the NDPS Act.
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