Bail Granted in NDPS Case - Trial is Yet to Commence and Petitioners Have Been in Custody for Long - Supreme Court

In a significant order, the Supreme Court of India granted bail to two petitioners, Badsha SK and Rafikul Islam @ Kalu, who have been in custody for more than two years. The bench comprising Hon’ble Mr. Justice Hrishikesh Roy and Hon’ble Mr. Justice Pankaj Mithal made the decision after considering the length of the petitioners’ custody and the nature of the charges against them.

“The above would show that the trial is yet to commence in the matter(s) and in the meantime, petitioners have been in custody for long,” the bench observed. The Court noted that the State counsel has indicated that the first prosecution witness is scheduled to testify on December 14, 2023. [Para 4-5]

The petitioners were charged under FIR No. 342 of 2021 for carrying 100 bottles of Phensedyl Cough Syrup containing Codeine Phosphate. “Considering the above and the nature of the contraband involved, we deem it appropriate to grant bail to the petitioners,” stated the judgment. [Para 6]

The Court also mentioned that the State counsel indicated there are “no known criminal antecedents” against the accused. [Para 5]

The judgment has disposed of the Special Leave Petitions and stated that any pending applications, if present, shall stand closed. [Para 7-8]

The petitioner was represented by Mr. Anjan Datta, Adv., among others, while the State of West Bengal was represented by Mr. Shreyas Awasthi, Adv.

The decision has reignited conversations around the speed of trial processes and the importance of bail in prolonged custody situations.

Date of Decision: 13-09-2023

BADSHA vs THE STATE OF WEST BENGAL