The Supreme Court granted bail to an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, noting that there was no substantive material on record linking him to the seized contraband and that he had already undergone prolonged incarceration as an undertrial.

A Bench comprising Justice Pankaj Mithal and Justice S.V.N. Bhatti observed that the petitioner had been arrested on May 4, 2022, in connection with FIR, after a vehicle in which he was travelling was intercepted. From the vehicle, the authorities recovered 97.79 kilograms of poppy straw and 2 kilograms of opium. While the driver and the petitioner were initially apprehended, a third person was later arrested based on the driver’s disclosure and has since been granted bail.

The Court took note of the fact that the petitioner was allegedly a mere passenger in the vehicle and that no material had been produced so far to establish his direct involvement with the seized narcotics. The Bench also flagged procedural concerns, observing that the sample of the seized substance was sent for forensic examination only after a delay of eight days from the date of seizure.

Further, the Court recorded that after the framing of charges, four material witnesses had already been examined, and only formal witnesses remained. Considering that the trial was nearing completion and the petitioner had been in custody for nearly four years, the Bench found it appropriate to enlarge him on bail.

While granting relief, the Supreme Court made it clear that the bail would be subject to stringent conditions to be imposed by the trial court. The Bench also directed the petitioner to cooperate with the trial proceedings and cautioned him against seeking unnecessary adjournments or causing any delay in the conclusion of the case.

Accordingly, the Special Leave Petition was disposed of, along with all pending applications.

Appearances:

For the Petitioner: Mr Namit Saxena, AoR

For the Respondent: Ms Sanskriti Pathak AAG; Ms Nidhi Jaswal, AoR; Ms Shagufa Khan Adv; Mr Aman Prasad, Adv.