2023 (7) TMI 1459 - SCH - Indian Laws

Enlargement on bail - twin conditions contained in Section 37 of the NDPS Act, 1985 satisfied or not - offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - HELD THAT - The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. There are merit in the contention of learned counsel for the respondent State that the petitioner being not a resident of the State of Orissa, some stringent conditions are required to be imposed upon him. While directing that the petitioner shall be released on bail on his furnishing bail bonds to the satisfaction of the Trial Court, it is directed that he shall be required to produce two local sureties before the Trial Court. The petitioner shall also appear before the Trial Court on every date of hearing. SLP disposed off.

Summary

The Supreme Court granted bail to the petitioner in a narcotics case after more than three and a half years in custody. The trial is ongoing, with only one witness examined so far. The Court imposed stringent conditions due to the petitioner not being a resident of Orissa, requiring two local sureties and attendance at all court hearings.