Petition for Special Leave to Appeal (Crl.) No. 2939 of 2024

SHEIKH NIZAMUDDIN MOHD. KASIM v. INTELLIGENCE OFFICER

Date Issued: 24 September 2024
Source: 2025 (391) E.L.T. 51 (S.C.)
Views: 11

Summary

NDPS - Bail - Offences - Cognizable and non-bailable - Seizure of commercial quantity of Hashish - Attempted export - Delay in commencement of trial - In impugned order, High Court had denied bail to accused petitioner from whom commercial quantity of 3000 gm of Hashish was seized on his attempted export while going abroad - His petition for bail on ground of delay of commencement of trial was rejected by High Court in view of seriousness of alleged offence and citing huge pendency of cases before trial Court - On filing SLP before Supreme Court, HELD : Petitioner had been languished in jail for past more than five years - Looking in to fact that trial may take time to conclude, petitioner was directed to be released on bail on furnishing suitable bail bonds and sureties and on such other terms and conditions as may be imposed by trial Court which were to be abided by petitioner - In case of any violation by petitioner, trial Court was at liberty to take suitable action as per law - Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 439 of Code of Criminal Procedure, 1973 - Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. [paras 2 to 4] Petition…