Summary
The Supreme Court set aside a High Court order granting bail to an accused charged under Section 18 of the NDPS Act, because after his release he was arrested in another NDPS case, and directed him to be taken into custody while asking the trial court to finish the trial within about four months.
Issues
- Whether the High Court's order granting bail to the respondent in an NDPS case should be set aside where the respondent was arrested in a later NDPS case after release.
Held
- No question of law was decided. Having regard to the nature of the offence and the respondent's later arrest in a similar NDPS case after being released on bail, the Court considered it appropriate to set aside the High Court's bail order; the respondent's arguments that the quantity recovered was intermediate (so that Section 37 did not apply) and that no bail condition had been breached were recorded but not separately ruled on. (¶¶ 3, 4, 5)
- Since the trial had commenced and only three witnesses remained, the trial court was directed to expedite the trial and conclude it, preferably within four months of receiving the judgment. (¶¶ 3, 6)
Result
Appeal allowed; High Court's bail order dated 24.11.2022 set aside; respondent directed to be taken into custody; trial court to conclude the trial preferably within four months.