Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Parity with Co-Accused - Length of Custody as a Factor - Petitioner sought regular bail in a case registered under Sections 15 and 29 of the NDPS Act, 1985 - Petitioner claimed parity with a co-accused previously granted regular bail - Court considered the importance of custody duration as a factor in bail decisions under the NDPS Act, 1985 - Previous judgments from the Hon'ble Supreme Court emphasized the significance of custody period in granting bail - Investigation was complete, but trial conclusion expected to take time - Granting bail based on parity with co-accused and length of custody - Petitioner ordered to furnish bail bonds - Grant of bail not expressing opinion on merits of case - Trial to proceed independently - Pending applications rendered infructuous. (Para No. 3 to 7)

Section 436-A of the Cr.P.C. provides that an under-trial cannot be detained for a period longer than the maximum punishment provided for the offence. The applicant had already exceeded the maximum prescribed sentence for the non-bailable offence, entitling him to release on bail. [Para 17, 34-35]

The offence under Section 389 of the IPC is a bailable offence. Considering the facts and the law, the applicant is entitled to be released on bail for both Section 384 and Section 389 of the IPC. [Para 36, 52]

The dismissal of a Special Leave Petition (SLP) does not preclude the filing of a fresh bail application if the trial extends beyond the specified period. The trial was still pending with numerous witnesses remaining to be examined, thus granting the applicant the liberty to file a fresh bail application. [Para 39, 41-42]

The applicant's failure to surrender on the specified date due to hospitalization cannot be considered a violation of bail bond conditions, as the court found the non-bailable warrant issued without verification improper. [Para 48, 50]

Alleged threats to witnesses while on interim bail did not lead to any action being taken by the State for several years. Insufficient grounds existed to deny bail for a bailable offence. [Para 51]

Bail application - Grant of regular bail - Offences under Sections 384, 389, 411, 120-B, and 34 of the IPC - Applicant charged with extortion and blackmailing complainant - FIR registered - Applicant already undergone more than three years of incarceration - Previous bail applications dismissed - Supreme Court dismissed SLP but granted liberty to file fresh bail application if trial exceeds six months - Trial pending with 42 witnesses yet to be examined - Applicant entitled to benefit of Section 436A Cr.P.C. - Bail granted. [Para 52 and 53]

Sections 436, 436A, and 389 of the Cr.P.C. - Accused entitled to release on bail for bailable offence - Undertrial cannot be detained beyond maximum punishment for the offence - Liberty granted by Supreme Court to file fresh bail application - Dismissal of SLP in limine does not constitute binding precedent - Applicant entitled to file fresh bail application - Bail granted. [Para 34, 35, and 52]

Violation of bail bond conditions - Failure to surrender due to hospitalization - Non-bailable warrant issued without proper verification - No violation of bail bond conditions - Section 436(2) Cr.P.C. not attracted - Applicant not disentitled to bail for bailable offence. [Para 47 and 48]

Alleged threats to witness while on interim bail - No action taken by State for more than four years - Witness already examined - Allegation alone does not disentitle applicant from bail for bailable offence. [Para 50]

Criminal Procedure - Bail application under Section 439 of the Code of Criminal Procedure - Charges under the NDPS Act - Recovery of "Commercial Quantity" of poppy pods - Consideration of Section 37 of the NDPS Act for granting bail - Prima facie satisfaction required - Likelihood of influencing witnesses or absconding (Para 9).

Falsification of Involvement - Allegation of false implication due to land dispute and previous case against police officials - Claim of innocence - Factual issues to be determined during trial - Insufficient to establish prima facie innocence for bail under the NDPS Act (Para 10 and 12).

Judicial Observation - Court's decision on bail application - Not an expression of opinion on the merits of the case - Trial to proceed independently - Bail application dismissed (Para 13).

Foreign Judgment – Execution in India – Merits of the Judgment – Principles governing the enforceability of foreign judgments in India discussed. [Para 11]

Natural Justice – Failure to consider reply – Conclusiveness of foreign judgment – Impact of non-consideration of evidence and reply filed by the judgment debtor on the merits of the foreign judgment. [Para 29]

Definition of “Judgment,” “Decree,” and “Order” under Section 2 of the Civil Procedure Code (CPC) – Connotation of “decree” including “judgment” and “judgment” including “order” – Clarification on the application of these definitions to the foreign court’s order. [Para 31]

Determination of Executability – Application of Section 44A of the CPC – Examination of whether the foreign judgment meets the criteria for enforceability in India as per Section 44A – Analysis of the concept of “judgment on merits.” [Para 26]

Effect of Non-appearance by the Defendant – Impact on the conclusiveness of foreign judgments – Distinguishing between exparte judgments on merits and judgments passed merely due to the absence of the defendant – Consideration of evidence adduced by the plaintiff in making such judgments. [Para 27]

Notice and Jurisdiction – Significance of service of notice – Discussion on the jurisdictional aspect and the alleged surrender of jurisdiction by the judgment debtor. [Para 32]

Enforcement of Foreign Decrees in Reciprocating Territories – Interpretation of Section 44A – Purpose and scope of the provision – Consideration of England as a reciprocating territory for the purpose of the section. [Para 28]

Decision on Executability – Finding that the foreign judgment is not passed on merits – Foreign judgment declared not executable in India – Revision petition allowed – Application filed under Section 47 of CPC allowed. [Para 33]

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50(1) - Compliance - Mandatory requirement - Failure to adhere vitiates conviction - Right to be searched before a gazetted officer or magistrate - Individual communication of right - Joint communication may create confusion and dilute significance of the right - Accused must be made aware of their right to exercise it effectively. [Para 22]

Non-compliance with Section 50(1) of the NDPS Act - Accused not properly informed of their right - Recovery of contraband narcotics becomes suspect - Prosecution case doubtful - Doubts cast on the veracity of charges. [Para 26]

Seized materials - Failure to produce during trial - No reasonable explanation - Weakens prosecution case - Raises doubt on charges - Testimony of police personnel alone may be insufficient without corroborating evidence and production of seized materials. [Para 24]

Compliance with mandatory provisions of NDPS Act, including Section 50(1), essential - Upholding integrity and credibility of legal proceedings - Protecting rights of the accused. [Para 23]

Failure to establish seizure of contraband from accused - Conviction cannot be sustained - Accused entitled to acquittal. [Para 26]

Passport Act, 1967 – Section 6(2)(f) – Applicability – Post Conviction or Acquittal Proceedings – Scope and Interpretation – High Court not a Criminal Court – Constitutional Rights – Denial of Passport. [Para 24]

Interpretation of Statute – Section 6(2)(f) of Passport Act – Not Applicable to Post-Conviction or Post-Acquittal Proceedings – Scope and Applicability of Clauses (e) and (f) distinguished. [Para 27(i), 27(ii)]

Delegated Legislation – Notification dated 25.08.1993 – Exemption of Citizens – Limited to Criminal Proceedings pending before Trial Court – Inapplicable to Pending Appeals – 2019 Instructions clarifying FIR registration insufficient – Case registration before Court with Cognizance required. [Para 25, Para 27(iii)]

Constitutional Rights – Right to Travel – Not Explicitly Part of Fundamental Rights under Article 19(1) – Linked to Freedom of Speech and Business under Article 19(1)(a) and (g) – Impact of Advanced Technology, Globalization, and International Trade on Increased International Travel. [Para 26]

Denial of Passport – Violation of Fundamental Rights – Article 14, 19(1)(a), 19(1)(g), and 21 – Denying Right to Earn Livelihood and Opportunities for Employment Abroad – Requirement of Procedure Prescribed by Law. [Para 27(iv)]

Judicial Precedents – High Court not a Criminal Court – In Agreement with Rajasthan High Court’s Findings – No Application of Clause (f) of Section 6(2) of Passport Act – Post Conviction or Acquittal Proceedings. [Para 24, Para 27(i)]

Minimizing Litigation – Directions to Passport Authorities – Consideration of Court’s Observations and Findings in Processing Pending and Subsequent Applications – Expeditious Decision Making. [Para 29]

Criminal Bail Petition - Regular Bail - FIR registered under various sections including the Petroleum and Minerals Pipelines Act, Explosive Substances Act, and Prevention of Damage to Public Property Act - Petitioner not named in original FIR, implicated based on disclosure statements of other arrested accused - Petitioner in custody since 23.08.2022, none of the 30 prosecution witnesses examined - Similar relief granted to petitioner in two other cases - Petitioner granted regular bail - Furnishing of bail/surety bonds required - Monthly appearance before police station and submission of affidavit ordered - FDR of Rs.2,00,000/- to be deposited by petitioner - Order not reported.(Para No. 1-5)

Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right under Article 21 of the Constitution claimed - Previous court orders granting bail based on the length of custody cited.

Precedents - Bail under NDPS Act - Court refers to several previous judgments where bail was granted in NDPS Act cases based on the length of custody alone, despite the bar under Section 37 of the Act for offenses involving commercial quantity of drugs.

Grant of Bail - Court considers the petitioner's prolonged custody and the possibility of further delay in trial as significant factors - Regular bail granted with conditions to ensure compliance with the provisions of Section 37 of the NDPS Act, including not tampering with evidence and not intimidating prosecution witnesses.