2022 (11) TMI 1456 - HC - Indian Laws

Seeking grant of regular bail - bail sought on the ground of long custody - possession of 115 injections of Buprenorphine Leegesic (2 mls. each) and 115 injections of Avil (10 mls. each) - petitioner has been behind bars for a substantial period of more than 3 years and the trial is proceeding at snail s pace - HELD THAT - Keeping in view the totality of the facts and circumstances of the case, particularly long custody of the petitioner and that the petitioner enjoys a clean record and also that conclusion of trial is likely to consume time inasmuch as only 2 PWs out of the cited 10 PWs have been examined so far, the petition merits acceptance and is hereby accepted. The petition, as such, is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned - Petition allowed.

Summary

Issues:
Grant of regular bail based on long custody and possession of contraband under NDPS Act.

Analysis:
The judgment pertains to a petition seeking regular bail for a case registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was found in possession of a significant quantity of contraband injections. The petitioner claimed to be falsely implicated and highlighted the prolonged custody of over 3 years as grounds for bail.

The State counsel opposed the bail, emphasizing the commercial quantity of contraband involved in the case. It was noted that the petitioner had been in custody for more than 3 years, with only 2 out of 10 cited prosecution witnesses examined so far. The court considered these arguments and reviewed the submissions made by both sides.

Referring to judgments of the Hon'ble Supreme Court granting bail based on long custody periods, the court analyzed the circumstances of the case. Given the extended custody, the clean record of the petitioner, and the slow progress of the trial, the court found merit in granting bail. Consequently, the petition was allowed, and the petitioner was ordered to be released on regular bail upon furnishing necessary bonds to the satisfaction of the trial court.

However, a cautionary note was added that if the petitioner engages in similar offenses in the future, the prosecution reserves the right to seek cancellation of the bail. This condition was imposed to ensure compliance and deter any potential re-offending behavior. The judgment carefully balanced the considerations of prolonged custody, legal provisions, and the petitioner's record to arrive at a decision regarding the grant of bail.