What Is The Need Of Trial If You Are Putting People In Jail For Years? Supreme Court Asks NCB

"What is the need of trial if you are putting people in jail for years?", the Supreme Court on Thursday asked the Narcotics Control Bureau, while hearing the bail application of a 66 year old man accused under the NDPS Act who has suffered incarceration for around 4 years.

A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli directed to release the accused on bail after taking considering that he has been in custody since 16th October 2017 and there is no likelihood of completion of trial in the near future.

During the hearing, the Bench was informed that the petitioner is a senior citizen and there is no progress in the trial.

Additional Solicitor General SV Raju, appearing for the NCB, submitted that the petitioner was found in a room with 35 kilograms of Ganja, which is more than the commercial quantity.

CJI Ramana then asked the ASG, "Mr Raju, I want to ask you. According to you how many years he can be kept in jail without trial?"

"5 years" ASG said.

"Why 5? Keep him for 10, then there is no need for trial." CJI remarked.

"He is already 66 years, by the time you complete your trial, he will not be there", CJI remarked.

The present special leave petition has been filed challenging order of the Calcutta High Court dated 28th January 2020 refusing to grant him bail to the petitioner on grounds that his apprehension from the room of the co-accused with 35 kgs of ganja prima facie discloses his role in the alleged offence.

The High Court had however taken into consideration the period of detention suffered by the petitioner, and had directed the trial court to ensure prompt examination of witnesses and conclusion of the trial preferably within one year.

Case: Tapan Das vs Union of India

Click here to read/download the order