Case Note & Summary
The petitioner, K.K. Roshan Kumar, was arrested on 28.12.2023 for offences under Sections 8(c) read with 22(c), 23(c), 25, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with the seizure of 11 kg of Methamphetamine from a vehicle in Imphal, Manipur. He was arrayed as A5 in C.C.No.547 of 2024 pending before the I Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. The petitioner filed a bail application under Section 439 of Cr.P.C. read with Section 483 of BNSS. The prosecution case was that on 21.12.2023, based on credible information, NCB officials searched a house in Redhills, Chennai, and recovered 1.823 kg of Methamphetamine from A2, A3 and A4. Further investigation led to the seizure of 2.978 kg from A1 (Chintamani), totaling 4.801 kg. Based on disclosures, on 28.12.2023, NCB intercepted a vehicle in Imphal and recovered 11 kg of Methamphetamine from the petitioner and two others (Kalaimani and Reena). The petitioner was arrested on 28.12.2023 but was produced before the Magistrate only on 01.01.2024, after recording his confession statements on 30.12.2023 and 31.12.2023. The petitioner contended that there was a violation of Section 58 of BNSS and Article 22(2) of the Constitution of India as he was not produced within 24 hours of arrest. He also argued that there was delay in trial as only 2 out of 30 witnesses had been examined. The respondent opposed bail, arguing that the petitioner was remanded within 24 hours from the time of arrest, that liberal approach cannot be adopted in NDPS cases, and that the petitioner was a habitual offender involved in another similar case in Guwahati. The court analyzed the timeline and found that the petitioner was arrested on 28.12.2023 at 22.00 hours but was produced before the Magistrate only on 01.01.2024, which was beyond 24 hours. The court held that this was a clear violation of Section 58 of BNSS and Article 22(2) of the Constitution. The court also noted that the trial had not progressed significantly, with only 2 witnesses examined out of 30, and the petitioner had been in custody since 01.01.2024. The court held that the rigors of Section 37 of NDPS Act are relaxed when there is a violation of constitutional mandate and delay in trial. Accordingly, the court granted bail to the petitioner on certain conditions.
Headnote
A) Criminal Procedure - Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail granted to accused A5 in NDPS case involving 11 kg of Methamphetamine - Court found violation of Section 58 BNSS and Article 22(2) as accused was arrested on 28.12.2023 but produced before Magistrate only on 01.01.2024, exceeding 24 hours - Also noted delay in trial with only 2 out of 30 witnesses examined - Held that rigors of Section 37 are relaxed when there is violation of constitutional mandate and delay in trial (Paras 5-7). B) Constitutional Law - Right to Speedy Trial - Article 22(2) Constitution of India - Arrested person must be produced before Magistrate within 24 hours - Failure to do so entitles accused to bail - Court held that non-compliance with Section 58 BNSS and Article 22(2) vitiates detention and is a ground for bail (Para 5). C) Criminal Procedure - Bail - Delay in Trial - Right to Speedy Trial - Accused in custody since 01.01.2024, trial not concluded - Only 2 witnesses examined out of 30 - Court held that continued detention without trial violates Article 21 and is a ground for bail (Para 6).
Issue of Consideration
Whether the petitioner is entitled to bail on the ground of violation of Section 58 of BNSS and Article 22(2) of the Constitution of India, and on the ground of delay in trial.
Final Decision
The court allowed the bail petition and ordered the petitioner to be released on bail on executing a bond of Rs. 50,000 with two sureties, and on conditions including reporting before the NCB office daily at 10.30 a.m. until further orders, not tampering with evidence, and not committing any similar offence.
Law Points
- Bail under NDPS Act
- Section 37 NDPS Act
- Section 58 BNSS
- Article 22(2) Constitution of India
- Delay in trial
- Right to speedy trial
- Violation of procedural safeguards
