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by Admin
07 May 2024 2:49 AM
The Supreme Court of India, in a significant ruling today, granted bail to Naeem Ahmed alias Naim Ahmad, involved in a narcotics case, emphasizing the need for justice amidst procedural delays.
Legal Point of the Judgment: The apex court’s decision pivots around the consideration of regular bail, as opposed to default bail, which was the initial contention. The Court delved into the specifics of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly focusing on Sections 21, 29, 61, and 85, along with the critical aspect of ‘conscious possession’ of contraband.
Facts and Issues: The appellant, Naeem Ahmed, was implicated in FIR No. 152/2022 for allegedly possessing 340 grams of smack (morphine). His request for default bail was earlier rejected by the Delhi High Court due to an incomplete charge-sheet lacking a crucial FSL/Chemical examiner report. The Supreme Court was approached subsequent to this rejection.
Court’s Assessment: The Court, led by Justices Surya Kant and K.V. Viswanathan, meticulously analyzed the circumstances. It was observed that Ahmed had been in custody for over a year and eleven months, with the trial still pending. The Court noted, “It is a seriously debatable question of fact whether the appellant was also found in the conscious possession of the contraband(smack).” This observation paved the way for considering regular bail, as the twin test of Section 37 of the NDPS Act was deemed not applicable at this stage.
Decision: The Court, without commenting on the merits of the case, granted bail to Ahmed, taking into account the prolonged period of custody and the delay in framing charges. The bail was conditioned on Ahmed furnishing bail bonds, reporting bi-monthly to the local police station, and depositing his passport. The Court cautioned that involvement in any other case could lead to the cancellation of this bail.
Date of Decision: February 28, 2024.
Naeem Ahmed alias Naim Ahmad vs. Govt of NCT of Delhi,
