Bail Granted to Applicant in NDPS Case After 5 Years of Custody, With Conditions.
10 January 2024
Bail and Antcipatory Bail >> Criminal Law
In Sanjat Ratan Rajput v/s Union of India & Another the applicant has filed for bail under Section 439 of the Code of Criminal Procedure, as he has been arrested and charged under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for possessing a commercial quantity of Ganja. The car carrying the contraband was intercepted by authorities on 26.07.2018, and approximately 180.320 kgs of Ganja was seized. The applicant has been in custody for over five years, and the trial has yet to conclude.
The applicant’s first bail application was rejected in January 2020. His counsel argues that the applicant is the sole breadwinner of his family and there is no expectation of the trial concluding soon. They also questioned the definition of Ganja in the panchanama compared to the NDPS Act. The Special Public Prosecutor opposed the bail, citing the seriousness of the offence and concerns about the applicant influencing witnesses and absconding.
However, the court acknowledged that the applicant had already served half of the minimum sentence prescribed for the offence. It also considered the prolonged incarceration and the applicant's right to a speedy trial under Article 21 of the Constitution. Referencing a recent Supreme Court ruling, the court was inclined to grant bail, but imposed certain conditions to address the concerns raised by the prosecution.
Section 439., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973
Narcotic Drugs and Psychotropic Substances Act, 1985