2020 (10) TMI 1377 - SCH - Indian Laws

Seeking grant of bail - concealment of contraband material (Charas) weighing 3285 grams - HELD THAT - It is accepted that seven witnesses have already been examined in the trial and seven more witnesses are yet to be examined. The last witness was examined in February 2020 whereafter there is no further progress in the trial because of the COVID-19 pandemic situation. It is also accepted that the appellant was taken in custody on 23.02.2018 and, as such, he has completed more than 2 years 7 months of actual custody. Considering the facts and circumstances on record, the appellant is entitled to the benefit under Section 439 of the Code - Appeal allowed.

Summary

Issues involved: Bail application under Section 439 of the Code of Criminal Procedure, 1973.

Detailed Analysis:

1. Background and Prosecution Details:
The appellant, accused no. 2, is facing prosecution in Case No. 135 of 2018 under the Narcotic Drugs & Psychotropic Substances Act, 1985. The prosecution arose from an incident where contraband material ("Charas") was found concealed in a vehicle occupied by the appellant and others. The appellant's bail application under Section 439 of the Code was rejected by the High Court, leading to the appeal before the Supreme Court.

2. Duration of Custody and Trial Progress:
The appellant had been in custody since 23.02.2018 and had completed more than 2 years and 7 months of actual custody. The trial had progressed with the examination of seven witnesses, with seven more yet to be examined. However, due to the COVID-19 pandemic, there had been a halt in the trial proceedings since February 2020.

3. Grant of Bail by the Supreme Court:
After considering the facts and circumstances, the Supreme Court found that the appellant was entitled to the benefit of bail under Section 439 of the Code. The Court ordered the appellant to be produced before the Trial Court within three days for release on bail. The Trial Court was directed to impose suitable conditions to ensure the appellant's presence and participation in the ongoing trial.

4. Trial Conclusion and Observations:
The Supreme Court emphasized the need for expeditious trial proceedings, noting that seven witnesses had already been examined. The Trial Court was urged to conclude the trial at the earliest. With these observations, the Supreme Court allowed the appeal, granting bail to the appellant and setting the stage for the trial to progress swiftly.

This detailed analysis of the Supreme Court judgment highlights the key aspects of the case, including the prosecution details, duration of custody, grant of bail, and directives for the Trial Court to expedite the trial proceedings.