Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.37 s.436A Bail NDPS Act Special conditions under Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Code of Criminal Procedure, 1973 – s. 436A – Appellant accused of committing offences punishable under NDPS Act has been in custody since 2015, if entitled to bail – Held: Recovery of ganja was made from the four co-accused – Appellant was arrested at the behest, and on the statement of one of the co-accused – Prosecution relied on that statement, as well as the confessional statement of the appellant – In addition, it also relied on the bank statements of one of the co-accused who allegedly disclosed that money used to be transferred to the appellant – As against this, the prosecution has not recovered anything else from the appellant – The allegation that he is a mastermind is not backed by any evidence of extensive dealing with narcotics, which would reasonably have surfaced – Further, two co-accused persons have been enlarged on bail – Appellant has been in custody for over 7 years and 4 months – Progress of the trial has been at a snail’s pace wherein 30 witnesses have been examined, and 34 more have to be examined – Grant of bail on ground of undue delay in trial, cannot be said to be fettered by s. 37, given the imperative of s. 436A which is applicable to offences under the NDPS Act too – Thus, on facts, appellant enlarged on bail subject to such conditions as the trial court may impose – Bail. Bail – Offences under Special Acts – Duty of Courts – Discussed. Narcotic Drugs and Psychotropic Substances Act, 1985 – s. 37 – Special conditions under – Interpretation of. Words and Phrases – ‘Not guilty’ – Discussed – Bail. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 311 |
Petitioner | Mohd Muslim @ Hussain |
Respondent | State (nct Of Delhi |
SCR | [2023] 3 S.C.R. 697 |
Judgement Date | 2023-03-28 |
Case Number | 943 |
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