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TMI Blog2024 (4) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... d the benefit of bail, while considering of the period of incarceration as well as the fact that the trial is likely to take some time in a case. Considering the aforesaid factual and legal position especially the fact that the applicant has been in custody for about 3 and a half years as also the fact that only 2 witnesses have been examined so far, the applicant is directed to be released on regular bail subject to his furnishing a personal bond in the sum of Rs.50,000 with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/concerned Court/Duty M.M. and subject to fulfilment of further conditions imposed - bail application allowed. - Hon'ble Mr. Justice Manoj Kumar Ohri For the Petitioner : Mr. An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for State. He states that commercial quantity of Gaanja was seized and that despite efforts, the applicant could not be arrested. He submits that on 23.09.2020, the raiding team received the information that the applicant and co-accused Balram Sharma would be coming in a Skoda Laura car and would be carrying Ganja. At late night, the Skoda Laura car was intercepted near Pilkhar in District Etawa, U.P. The applicant was found driving the said car while co-accused Balram Sharma was sitting on the front seat. On search of the car, a total of 143 kg of illegal Gaanja was seized. 4. On 09.08.2020, the police had apprehended one person namely Nasruddin @ Nasru, from whom 4 kg of Gaanja was recovered and the present FIR came to be registered. He m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on bail, even in those cases wherein commercial quantity was recovered. 9. In Union of India v. K.A. Najeeb reported as (2021) 3 SCC 713, the Supreme Court stated that if a timely trial is not possible, courts are ordinarily obligated to release the undertrial on bail and statutory restrictions do not exclude the discretion of Constitutional courts to grant bail on grounds of violation of Fundamental Rights enshrined in Part III of the Constitution. While the said judgement was passed in the context of UAPA, the said observations merit mention:- xxx 12. Even in the case of special legislations like the Terrorist and Disruptive Activities (Prevention) Act, 1987 or the Narcotic Drugs and Psychotropic Substances Act, 1985 ( the NDPS Act ) w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bligated to enlarge them on bail. xxx 17. It is thus clear to us that the presence of statutory restrictions like Section 43-D(5) of the UAPA per se does not oust the ability of the constitutional courts to grant bail on grounds of violation of Part III of the Constitution. Indeed, both the restrictions under a statute as well as the powers exercisable under constitutional jurisdiction can be well harmonised. Whereas at commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... faction of the Trial Court xxx 12. More recently in Man Mandal and Anr. v. State of West Bengal [2023 SCC OnLine SC 1868], while taking into account continued custody of more than two years, the accused was granted bail. The relevant extract of observations is extracted hereunder:- xxx 5. Learned counsel appearing for the State submitted that in view of the statutory restrictions under Section 37 of the NDPS Act and the quantity being commercial in nature, the present special leave needs to be dismissed. 6. Taking into consideration the fact that the petitioners have been incarcerated for a period of almost two years and the trial is not likely to be taken up for hearing in the immediate near future, we are inclined to grant bail to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt. ii) The applicant shall provide his mobile number to the Investigating Officer on which he will remain available during the pendency of the trial. iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court. iv) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence. v) The applicant shall regularly appear before the concerned Court during the pendency of the trial. 16. The bail application is disposed of in the above terms. 17. Copy of the order be communicated to the concerned Jail Superintendent electronically for infor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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