Case Note & Summary
The judgment involves six criminal original petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking bail in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioners are Sundar Rao (Crl.O.P.No.3329/2026), Akkala Siva Kottaiah (Crl.O.P.No.4031/2026), Abraham Bhatra (Crl.O.P.No.4305/2026), Batu Golory (Crl.O.P.No.4349/2026), Shri Gireesh Juyal (Crl.O.P.No.2716/2026), and Shanmuganandham (Crl.O.P.No.3430/2026). They were arrested in connection with separate NDPS cases involving seizure of ganja, methamphetamine, and other psychotropic substances. The petitioners argued that they had been in custody for a considerable period and the trial had not commenced or was delayed, violating their right to speedy trial under Article 21 of the Constitution. The respondent, represented by the Government Advocate, opposed bail citing the stringent provisions of Section 37 of the NDPS Act, which imposes conditions for granting bail in cases involving commercial quantities. The court examined the facts of each case, noting that some petitioners were found with commercial quantities while others with smaller quantities. The court observed that the right to speedy trial is a fundamental right and prolonged incarceration without trial cannot be justified merely by the rigour of Section 37. The court also noted that co-accused in some cases had already been granted bail. Applying the principles of parity and the right to speedy trial, the court allowed all six petitions and granted bail to the petitioners subject to conditions including execution of bonds, furnishing of sureties, and reporting to the investigating officer periodically. The court directed that the petitioners shall not tamper with evidence or influence witnesses.
Headnote
A) Criminal Procedure - Bail - Right to Speedy Trial - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 37 Narcotic Drugs and Psychotropic Substances Act, 1985 - Petitioners sought bail on ground of delay in trial and right to speedy trial under Article 21 - Court held that prolonged incarceration without trial violates fundamental right and Section 37 is not an absolute bar when trial is delayed - Bail granted with conditions (Paras 1-25). B) Narcotic Drugs - Bail - Commercial Quantity - Section 37 NDPS Act - Petitioners were found in possession of ganja and other psychotropic substances - Court examined quantity and held that some cases involved commercial quantity but delay in trial and right to speedy trial outweighed rigour of Section 37 - Bail granted (Paras 10-20). C) Criminal Procedure - Parity - Co-accused - Section 483 BNSS - Petitioners sought bail on ground that co-accused had been granted bail by same court - Court applied principle of parity and granted bail to similarly placed accused (Paras 15-18).
Issue of Consideration
Whether the petitioners are entitled to bail under Section 483 of BNSS, 2023, given the rigours of Section 37 of the NDPS Act, 1985, and the delay in trial.
Final Decision
All six criminal original petitions are allowed. The petitioners are ordered to be released on bail on executing a bond of Rs.10,000 each with two sureties. They shall report before the investigating officer daily at 10:30 a.m. until further orders and shall not tamper with evidence or influence witnesses.
Law Points
- Right to speedy trial under Article 21 of Constitution
- Section 37 of NDPS Act not absolute bar
- delay in trial as ground for bail
- Section 483 BNSS analogous to Section 482 CrPC
- parity among co-accused
- quantity of contraband not commercial
- presumption of innocence
