Bail Can Be Granted In NDPS Cases On Ground Of Undue Delay In Trial Despite Stringent Conditions In Section 37: Supreme Court
Case: Mohd. Muslim v. State (NCT of Delhi)
Coram: Justices S Ravindra Bhat and Dipankar Datta
Case No.: Special Leave Petition (Criminal) No. 915 of 2023
Court Observation: “Grant of bail on ground of undue delay in trial cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too”
“The court would look at the material in a broad manner, and reasonably see whether the accused’s guilt may be proved. The judgments of this court have emphasised that the satisfaction which courts are expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation.”
“Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act.”
“when stringent provisions are enacted, curtailing the provisions of bail, and restricting judicial discretion, it is on the basis that investigation and trials would be concluded swiftly” “Laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable. Jails are overcrowded and their living conditions, more often than not, appalling. The danger of unjust imprisonment, is that inmates are at risk of ‘prisonisation’.”
Previous Posts
Hindu Succession Act Will Not Come In Way Of Inheritance By Tribal Women: Madras High Court
