Case Note & Summary
The petitioner, K.K. Roshan Kumar, was arrested on 29.12.2023 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 the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The prosecution case was that on 21.12.2023, based on credible information, the Narcotics Control Bureau (NCB) 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, and subsequently, on 28.12.2023, the petitioner along with two others was intercepted at Keishampat Junction, Imphal, and 11 kg of Methamphetamine was recovered from their vehicle. The petitioner was arrested on 28.12.2023 but was produced before the Magistrate and remanded to judicial custody only on 01.01.2024. 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 the grounds of arrest were not furnished and that there was delay in trial. The respondent opposed the bail, citing the commercial quantity of contraband and the petitioner's involvement in a similar case in Guwahati. The court held that the petitioner was secured on 28.12.2023 at 22.00 hours but remanded only on 01.01.2024, which is beyond 24 hours, violating Section 58 BNSS and Article 22(2). The court also noted that the grounds of arrest were not furnished and that the trial had not commenced despite the petitioner being in custody since 01.01.2024. Considering these factors, the court granted bail to the petitioner on certain conditions, including the execution of a personal bond and surety, and reporting to the NCB office daily until further orders.
Headnote
A) Criminal Procedure - Bail - NDPS Act - Section 37 NDPS Act, Section 58 BNSS, Article 22(2) Constitution of India - Petitioner arrested on 28.12.2023 but remanded on 01.01.2024, beyond 24 hours - Held that there is violation of Section 58 BNSS and Article 22(2) of the Constitution of India, entitling the petitioner to bail (Paras 3-5). B) Criminal Procedure - Bail - Delay in Trial - Section 439 Cr.P.C., Section 483 BNSS - Petitioner in custody since 01.01.2024, trial not yet commenced - Held that prolonged incarceration without trial justifies grant of bail (Para 5). C) Criminal Procedure - Bail - Grounds of Arrest - Section 50 NDPS Act - Grounds of arrest not furnished to petitioner - Held that non-furnishing of grounds of arrest is a violation of constitutional right (Para 3).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. read with Section 483 BNSS, considering the alleged violation of Section 58 BNSS and Article 22(2) of the Constitution of India, and the rigors of Section 37 of the NDPS Act.
Final Decision
The court allowed the bail petition and ordered the petitioner to be released on bail on executing a personal bond of Rs. 50,000 with two sureties, and on condition that the petitioner report before the NCB office daily at 10:30 a.m. until further orders.
Law Points
- Bail under NDPS Act
- Section 37 NDPS Act
- Section 58 BNSS
- Article 22(2) Constitution of India
- Right to be produced before Magistrate within 24 hours
- Delay in trial
- Habitual offender
