2023 (5) TMI 1327 - SCH - Indian Laws

Grant of bail - Smuggling - possession of codeine phosphate in a consignment of phensedyl bottles loaded in two nylon bags - HELD THAT - The investigation is complete; chargesheet has been filed though the charges are yet to be framed. The conclusion of trial will thus take some reasonable time regardless of the direction issued by the High Court to conclude the same within one year from the date of framing of charges. The petitioners do not have any criminal antecedents. There is thus substantial compliance of Section 37 of the NDPS Act. In such circumstances but without expressing any views on the merits of the case it is deemed appropriate to release the petitioners on bail subject to the terms and conditions as may be imposed by the Trial Court. SLP disposed off.

Summary

Issues involved: Bail application u/s 439 of CrPC for accused charged u/s 21(c)/29 of NDPS Act, 1985.

Summary:
The Supreme Court of India, comprising Hon'ble Mr. Justice Surya Kant and Hon'ble Mr. Justice J.K. Maheshwari, heard a Special Leave Petition involving three petitioners accused of violating Sections 21(c)/29 of the NDPS Act. The petitioners were found in possession of codeine phosphate in phensedyl bottles during a police interception. Despite the completion of investigation and filing of chargesheet, the trial process was expected to take time. Considering the lack of criminal antecedents for the petitioners, the Court granted bail, emphasizing the need for compliance with bail conditions and regular court appearances to avoid misuse of the concession granted. The Court disposed of the Special Leave Petition and related interlocutory application accordingly.