2024 (5) TMI 1463 - SCH - Indian Laws

Rejection of bail - offence punishable under Section 8 read with Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - HELD THAT - On examination, the panch witnesses have not supported the case of prosecution. On facts, we are not inclined to consider the Investigation Officer as a panch witness. It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered. It is directed to enlarge the petitioner on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court - petition allowed.

Summary

The Supreme Court allowed the petition for bail of a petitioner held in custody for over two years in an NDPS Act case. The Court found that the panch witnesses did not support the prosecution's case and rejected the notion of the Investigation Officer being considered a panch witness. The Court granted bail, emphasizing the right to a speedy trial and imposing conditions on the petitioner's release.