2022 (8) TMI 1492 - SCH - Indian Laws

Grant of Regular bail - recovery of 358 bottles of cough syrup containing codein of commercial quantity - contraband item or not - Commercial quantity or not - HELD THAT - The questions like whether the contraband recovered from the petitioner is of commercial quantity or whether code in phosphate is a manufactured drug or a narcotic substance, need not be go into at this stage. The petitioner released on bail only on the ground that he has spent about two years in custody and conclusion of trial will take some time. Consequently, without expressing any views on the merits of the case and taking into consideration the custody period of the petitioner, this special leave petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing the bail bonds to the satisfaction of the Special Judge/ concerned Trial Court.

Summary

Issues:
Enlargement on regular bail in a case involving NDPS Act offenses - Sections 8(c), 21(c), 22(c), and 29.

Analysis:
The Supreme Court, comprising Hon'ble Mr. Justice Surya Kant and Hon'ble Mr. Justice Abhay S. Oka, heard the petitioner's plea seeking enlargement on regular bail in a case registered at Changodar Police Station, District Ahmedabad (Rural) under the NDPS Act for offenses under Sections 8(c), 21(c), 22(c), and 29. The case involved the recovery of 358 bottles of cough syrup containing codeine of 'commercial quantity' from the petitioner. The Court acknowledged the arguments presented by the counsels for both parties but decided not to delve into the specifics of whether the contraband was of commercial quantity or the nature of codeine phosphate at that stage.

The Court, considering the petitioner had already spent around two years in custody and recognizing that the trial's conclusion would take additional time, leaned towards granting bail. Consequently, without expressing any opinion on the case's merits, the Court accepted the special leave petition and ordered the petitioner's release on bail, subject to furnishing bail bonds to the satisfaction of the Special Judge or concerned Trial Court. The Court disposed of the special leave petition accordingly, including any pending applications related to the case.