New Delhi: The Supreme Court on Friday granted bail to a man booked under the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after noting that he has spent nearly two years in custody and there is no likelihood of the trial concluding in the near future.
A bench of Justices P.S. Narasimha and Aravind Kumar allowed the appeal filed by Bapan Haldar and set aside the Calcutta High Court order, which had rejected his plea for regular bail.
Haldar, arraigned as accused in an FIR registered at Bhimpur Police Station in West Bengal’s Krishnanagar Police District, is facing prosecution for offences punishable under Sections 21(c) and 29 of the NDPS Act.
According to the prosecution, police authorities had received credible information regarding the unloading of a container allegedly carrying contraband articles.
Upon inspection of the container on July 14, 2024, two persons, including the appellant, were apprehended, and 20,000 bottles of Phensedyl cough syrup were allegedly recovered, leading to the registration of the FIR.
In its order, the apex court recorded the submission on behalf of the appellant that three co-accused persons had already been granted bail and that no custodial interrogation of Haldar was required as charges had already been framed in the case.
It further took note of the fact that only one official witness had been examined out of a total of 39 prosecution witnesses cited by the prosecution.
“Having considered the matter in detail and taking note of the fact that the appellant has already undergone incarceration of more than one year and ten months and that there is no possibility of the trial to be concluded in near future, we consider it appropriate to release the appellant on bail in the facts and circumstances of the case,” the Justice Narasimha-led Bench observed.
Allowing the appeal, the apex court directed that the appellant be released on bail subject to such terms and conditions as may be imposed by the trial court.
The Calcutta High Court had earlier declined to grant bail to Haldar despite noting that he had remained in custody for more than one year and nine months and that only one witness out of the 39 cited in the charge sheet had been examined.
Rejecting the plea, a single-judge Bench of Justice Tirthankar Ghosh had observed: “Having considered the consequence, if the case is proved and the seizure till date has been unchallenged, I am not inclined to release the petitioner on bail.”
(IANS)
