VidhiSangh

Supreme Court of India · 28/03/2023

MOHD MUSLIM @ HUSSAIN versus STATE (NCT OF DELHI

[2023] 3 S.C.R. 697 · 2023 INSC 311

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Summary

An accused arrested in October 2015 in a ganja trafficking case under Sections 20, 25 and 29 of the NDPS Act, on a co-accused's statement and bank and call records, had spent over seven years in custody while only 30 of 64 prosecution witnesses had been examined; two similarly placed co-accused were on bail. The Delhi High Court refused bail under Section 37. The Supreme Court granted bail: the satisfaction required by Section 37 that the accused is not guilty can only be a prima facie one on a broad reading of the material, since a literal reading would exclude bail altogether and amount to punitive detention; the right to speedy trial under Article 21 and Section 436A CrPC, which applies to NDPS offences, makes prolonged incarceration without progress of trial a ground for bail unfettered by Section 37; and courts must be alive to the harm of prisonisation.

Issues

  1. How the twin conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are to be applied when bail is sought on the ground of prolonged incarceration and delay in trial.

Provisions considered

Held

Result

Appeal allowed; Delhi High Court order dated 08.09.2022 refusing bail set aside; the appellant directed to be enlarged on bail subject to such conditions as the trial court may impose; no costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 697.