"If State Has No Time To Issue Instructions In Time, We Have No Time To Wait For State"- SC While Granting Bail To NDPS Accused
The Supreme Court while granting bail to an NDPS accused has remarked, "If the State has no time to issue instructions in time, then we have no time, to wait for the State."
The statement of the Bench comprising Justice SK Kaul and Justice Abhay S. Oka came as the Counsel for the Respondent-State of Odisha informed the Court that the State only instructed him a day before the hearing. The notice was served on October 26, 2022, on the State.
In this case, the Petitioner was accused of the alleged commission of offence under Section 8(C) read with Sections 20(b)(ii), C/25/28, and 29 of the NDPS Act.
Aggrieved with the rejection of his bail application filed under Section 439 CrPC by the Sessions Judge-cum-Special Judge, the Petitioner had approached the Odisha High Court.
The Counsel for the Petitioner had submitted before the High Court that he was a victim of the circumstances in as much as, he was a helper (Khalasi) in the truck and as such conscious and exclusive possession could not be attributed to him.
The High Court had rejected the bail application of the Petitioner holding that the seized quantity of the contraband was 280kgs.
AOR Chand Qureshi appeared for the Appellant-Accused while AOR Sibashish Mishra appeared for the Respondent-State before the Supreme Court.
The Apex Court while referring to the facts of the case, noted, "The appellant in the present case was only a Khalasi of the vehicle who did not run away while the others ran away and have still not been apprehended. He has been in custody from 21.03.2021 i.e., more than a year and a half."
Thus, the Court granted bail to the Appellant on terms and conditions to the satisfaction of the Trial Court.
According, the appeal was disposed of by the Court.
Cause Title – Karanail Singh v. The State of Odisha