NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnesses

Justice Gita Gopi in her observed, “The report of the City Civil Judge, Special Court was called for and the report dated 09.12.2024 shows that there are about 29 witnesses in the matter and two witnesses were examined. The learned Judge has not shown any time bound schedule of examination of the witnesses. Thus, taking into consideration the long incarceration of the applicant of three and half years, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. Hence, the present application is allowed.”

The FIR was registered under the Sections 8(C) (Prohibits the production, manufacture, possession, sale, transport, and use of narcotic drugs and psychotropic substances except as authorized by the Act), Section 22 (C)(Prescribes punishment (10 to 20 years imprisonment and fine) for offences involving commercial quantities of psychotropic substances) and Section 29 (Penalizes conspiracy, abetment, or attempts to commit an offence under theAct, treating all involved as equally liable) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).

The Counsel for the applicant contended the applicant was arrested in August 2021, has been in jail for three and half years and proceeding has not taken the speed and only two witnesses have been examined. He further relied on Supreme Court Judgements which said that long incarceration is a violation of the fundamental rights guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statuary embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered.

He said that in that in NDPS trials, Special Court would not have much time to give importance to a particular matter. 

The Counsel appearing for the State contended that once a trial begins, no concession of bail should be granted and stated that equal importance must be given to all parties before the Special Court, and no accused should receive special privilege, urging rejection of the application.

The Court then allowed the regular bail application on conditions of executing a personal bond of Rs 15,000, not to take undue advantage of liberty, or act in a manner injurious to the interest of prosecution, surrender his passport, not to leave the State without prior permission from the concerned court and to furnish address.

The Court further directed the Sessions Judge concerned to issue warrant or take appropriate action in the matter in case of any breach of conditions.

Case Title: Mohammad Sadik @ Sajju Mohammad Rafik Gulam NabiPathan vs State of Gujarat

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