The Supreme Court granted bail to the petitioners accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, noting their prolonged incarceration and unexplained delay in sending samples to the Forensic Science Laboratory (FSL). The order was passed by a Bench comprising Justice Pankaj Mithal and Justice S.V.N. Bhatti while hearing Special Leave Petitions arising from a Rajasthan High Court order.
The petitioners are facing prosecution in connection with FIR registered at Police Station Mandawar, District Jhalawar, Rajasthan. They were arrested on 28 March 2023 and had remained in custody for more than two years and ten months at the time of consideration of their bail plea. The prosecution alleged offences under the NDPS Act, invoking the stringent bail regime under the statute.
During the hearing, the petitioners argued that most of the material prosecution witnesses had already been examined and that there was an inordinate delay of 21 days in sending the seized samples to the FSL, for which no satisfactory explanation had been offered by the prosecution. It was contended that continued incarceration in these circumstances was unjustified.
Taking note of these submissions, the Supreme Court observed that the long period of custody undergone by the petitioners, coupled with the stage of the trial and the unexplained delay in forwarding the samples for forensic examination, warranted the grant of bail. The Bench held that, in the facts and circumstances of the case, it would be appropriate to enlarge the petitioners on bail.
Accordingly, the Court directed that the petitioners be released on bail on terms and conditions to be fixed by the trial court, commensurate with the nature of charges framed against them. The Court further directed that the petitioners shall surrender their passports, if any, before the trial court. With these directions, the special leave petitions were disposed of, along with all pending applications.
Appearances:
For Petitioner(s) : Mr. Namit Saxena, AOR
For Respondent(s) : Mr. Padmesh Mishra, A.A.G.; Mr. S.. Udaya Kumar Sagar, AOR.
