Supreme Court: Accused is not entitled to be released on bail in NDPS Case even if appeal remains pending for a long time

We have heard learned counsel for the parties.

The submission of the learned senior counsel for the

appellant, inter alia, is that he has been in custody for

almost eight years and despite the directions of this

Court to treat the case at priority, at present the case

is not reached for hearing.

On the other hand, the learned Additional Solicitor

General for the respondent contends that the normal

principle of a large period having already been served

during the pendency of the appeal cannot be a ground to

suspend the sentence and grant bail, in view of the

stringent provisions of Section 37 of the NDPS Act. In

this behalf, he has invited our attention to judgment of

this Court in the case of Union of India v. Rattan Mallik

@ Habul - (2009) 2 SCC 624.

We have given a thought to the matter and there is

no doubt that the rigors of Section 37 would have to be

met before the sentence of a convict is suspended and

bail granted and mere passage of time cannot be a reason

for the same.

IN THE SUPRME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL Nos.585-586 OF 2020

SHERU  Vs NARCOTICS CONTROL BUREAU 

Dated: September 11, 2020.

Leave granted.

We have heard learned counsel for the parties.

The submission of the learned senior counsel for the

appellant, inter alia, is that he has been in custody for

almost eight years and despite the directions of this

Court to treat the case at priority, at present the case

is not reached for hearing.

On the other hand, the learned Additional Solicitor

General for the respondent contends that the normal

principle of a large period having already been served

during the pendency of the appeal cannot be a ground to

suspend the sentence and grant bail, in view of the

stringent provisions of Section 37 of the NDPS Act. In

this behalf, he has invited our attention to judgment of

this Court in the case of Union of India v. Rattan Mallik

@ Habul - (2009) 2 SCC 624.

We have given a thought to the matter and there is

no doubt that the rigors of Section 37 would have to be

met before the sentence of a convict is suspended and

bail granted and mere passage of time cannot be a reason

for the same. However, we are faced with unusual times

where the Covid situation permeates. We are also conscious

that this Court has passed orders for release of

persons on bail to de-congest the jail but that but that

is applicable to cases of upto seven years sentence.

In the given aforesaid facts and circumstances of

the case, we consider it appropriate to enlarge the appellant

on bail on terms and conditions to the satisfaction

of the Trial Court.

At the insistence of the learned Additional Solicitor

General, we clarify that the order has been passed in

the given facts of the case and not to be treated as a

precedent.

The appeals stand disposed of.

......................J.

(SANJAY KISHAN KAUL)

......................J.

(ANIRUDDHA BOSE)

......................J.

(KRISHNA MURARI)

New Delhi;

September 11, 2020.

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