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A Senior Citizen Incarcerated Under The NDPS Act, 1985 For More Than 4 Years Without Trial Has Been Granted Bail By The Hon’ble SC [READ ORDER]

Taking into consideration that the accused is a senior citizen who has been in custody for more than 4 years without trial, the Hon’ble Supreme Court directed the concerned trial court to release the accused in accordance with the terms and conditions it deemed fit 

By: Priscilla Niangdeihkim

The Hon’ble Supreme Court bench comprising of the Chief Justice of India N.V.Ramana, Justice Surya Kant, and Justice Hima Kohli passed an order for the release of a 66-year-old accused booked under the Narcotics Drugs and Psychotropic Substances Act 1985, also known as NDPS Act. The accused has been in custody for more than 4 years, since 16th October 2017. 

According to the Narcotic Control Bureau, the accused was found in a room with 35 kilograms of Ganja, which is more than the commercial quantity.  The Court questioned the Additional Solicitor General SV Raju, who represented the Narcotic Control Bureau, how many years he thinks the accused can be kept in jail?

While granting bail, the bench considered the fact that the accused is a senior citizen, who is already 66 years old, and by the time the trial is completed, he, the accused will not be there and that there is no likelihood of completion of trial in the near future.

The Court directed the concerned trial Court to release the accused on bail subject to the terms and conditions, it deemed fit and appropriate to impose on the accused.

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