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Synopsis

The Supreme Court recently set aside the order granting bail to a man in an NDPS Act case, noting that he was later arrested in another case under the same statute.

A bench of Justices Bela M Trivedi and Prasanna B Varale took note of the nature of the offence and also the fact that the respondent-accused had been arrested for a similar offence under the NDPS Act. The court thus thought it fit to set aside the impugned order passed by the high court.

Jharkhand government filed an appeal against the judgment and order of November 24, 2022, passed by the High Court of Jharkhand at Ranchi.

The high court had allowed the said application filed by the respondent-accused, Sunny Kumar alias Sunny Kumar alias Sao, seeking bail in connection with registered at Police Station Sadar, District- Chatra, Jharkhand for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act.

The State counsel submitted that after the release of the respondent-accused on bail by the order of November 24, 2022, passed by the high court, the respondent accused was involved in another case under the NDPS Act, and he was also arrested on July 12, 2023.

He also submitted that the trial in respect of the present appeal, had already commenced and only three witnesses had remained to be examined.

However, the counsel, appearing for the respondent-accused, submitted that the recovery of the alleged contraband was not of commercial quantity and it was only of an intermediate quantity, and therefore, the rigors of Section 37 of the NDPS Act would not be applicable to the instant case.

She also submitted that the appellant-State had challenged the very order granting the respondent accused bail, and it was not a case of cancellation of bail on the ground of breach of any of the bail conditions.

She, however, had conceded that at present, the respondent-accused was under arrest in connection with other offence punishable under the NDPS Act, registered after the present one.

"Having regard to the submissions made by the counsels for the parties and to the nature of the offence as also the fact that the respondent-accused has been arrested in a similar offence under the NDPS Act, we deem it appropriate to set aside the impugned order passed by the High Court," the bench said.

Accordingly, the court set aside the high court's order. Court directed for taking the respondent-accused into custody in connection with the 2022 case, registered at Police Station-Sadar, District-Chatra, Jharkhand.

The apex court directed the trial court to expedite the trial and conclude the same in accordance with law, preferably within four months.

Court allowed the appeal filed by the Jharkhand government argued by advocate Farrukh Rasheed.

Case Title: The State of Jharkhand Vs Sunny Kumar @ Sunny Kumar Sao