Case Note & Summary
The petitioner, Jasheer Razak (A2), was arrested and remanded to judicial custody on 27.01.2023 in connection with C.C.No.971 of 2023 for offences under Sections 8(c), 20(b)(ii)(c), 23, 28, and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the I Additional Special Court for exclusive trial of cases under the NDPS Act, Chennai. The petitioner claimed that he shared his uncle's import-export license details at the request of his cousin, Fouzan Hassan, who was transporting kitchen sink worth $1314, but later discovered that Fouzan Hassan had used the license to send contraband. The petitioner and co-accused Jamaluddin (A1) were arrested on the same day. They had previously filed bail applications in Crl.OP.Nos.16884 and 16887 of 2025, which were dismissed by the High Court on 20.08.2025. The co-accused Jamaluddin then filed an SLP before the Supreme Court in SLP.No.18601 of 2025, which granted bail considering the long incarceration since 27.01.2023 and the non-compliance of the High Court's direction to complete trial within six months. The petitioner sought bail on parity with the co-accused. The Special Public Prosecutor opposed, arguing that parity is not a matter of right and that the roles of the petitioner and co-accused were different. The Court, after considering the submissions and the fact that the co-accused was released by the Supreme Court on the ground of long incarceration and trial delay, held that the petitioner is entitled to bail on parity. The Court granted bail to the petitioner subject to conditions, including executing a bond of Rs.50,000 with two sureties, reporting to the DRI office weekly, surrendering passport, and not tampering with evidence.
Headnote
A) Criminal Law - Bail - Parity - Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8(c), 20(b)(ii)(c), 23, 28, 29(1) - Petitioner sought bail on parity with co-accused who was granted bail by Supreme Court due to long incarceration and non-compliance of High Court's direction to complete trial within six months - Court held that parity is not a matter of right but depends on role played; however, considering the long incarceration of over three years and the fact that co-accused was released on same grounds, petitioner is entitled to bail - Held that the petitioner is granted bail on conditions (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to bail on the ground of parity with the co-accused who was granted bail by the Supreme Court due to long incarceration and non-compliance of the High Court's direction to complete trial within six months.
Final Decision
The petition is allowed. The petitioner is ordered to be enlarged on bail on executing a bond of Rs.50,000 with two sureties, reporting to DRI office weekly, surrendering passport, and not tampering with evidence.
Law Points
- Parity in bail
- Long incarceration
- Trial delay
- Non-compliance of court direction
- Section 37 NDPS Act
