Second Appeal is Not a Forum for Rehearing or Reassessment of Evidence: Andhra Pradesh High Court Dismisses Partition Suit Appeal Failure of Justice Must Be Proved, Not Assumed: Calcutta High Court Upholds Murder Conviction Despite Charge Framing Lapse Bail is the Rule, Refusal is an Exception – Right to Liberty Cannot Be Ignored: Delhi High Court Grants Bail to Ivory Coast National in NDPS Case Courts Must Adopt a Justice-Oriented Approach in Matrimonial Cases: Gauhati High Court Condones Delay in Family Court Appeal FIR Quashing | Breath Analyzer Test Alone Cannot Prove Alcohol Consumption: Patna High Court Quashes FIR Under Bihar Prohibition Law Unregistered Writing Cannot Confer Ownership: Punjab & Haryana High Court Dismisses Second Appeal in Partition Dispute Allegations of Stalking and Criminal Intimidation Must Be Tested at Trial: Gujarat High Court Refuses to Quash FIR Bombay High Court Quashes Criminal Case Against Nestlé Officials Over Maggi Noodles Controversy No Shortcuts in NDPS Investigations – J&K High Court Rebukes Casual Approach of Investigating Officers Sessions Court Cannot Order Re-Investigation: Allahabad High Court Quashes Direction Against Jaypee Hospital If Official Witnesses Are Reliable, Independent Corroboration Is Not a Must:  Punjab & Haryana High Court Upholds NDPS Conviction No Service Tax Can Be Levied on Sale of Lottery Tickets: Supreme Court Rules That Lottery Distributors Are Not Agents Courts Cannot Be Silent Spectators When Justice Is Denied Due to Procedural Errors:  Punjab & Haryana High Court Upholds Recall of Bail Rejection Order Section 27 of the Evidence Act Requires Independent Corroboration—Mere Claims by Police Are Not Enough: Supreme Court on Flawed Investigation Confession to Police Is No Confession in Law: Supreme Court Acquits Man, Citing Inadmissibility of Statements Made in Custody Mere 'Last Seen Together' Is Not Enough for Conviction Unless It Forms a Complete Chain of Circumstantial Evidence: Supreme Court Sets Aside Life Sentence in 16-Year-Old Girl’s Murder Failure to Explain Wife’s Death Strengthens Guilt Under Section 106 of Evidence Act" – Supreme Court Restores Conviction in Murder Case Child Witness Testimony Cannot Be Discarded Solely on Grounds of Tutoring: Supreme Court Restores Conviction in Murder Case

Supreme Court Sets Aside Bail Rejection, Directs Reconsideration in NDPS Case

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India has set aside the rejection of a bail application and directed its reconsideration in a case involving alleged offenses under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The appellant, Sebil Elanjimpally, had filed a second bail application after the earlier attempt was unsuccessful. The appellant has been in custody for nearly three years. The impugned order cited the non-surrender of a co-accused, who had been released on bail, as the primary reason for rejecting the appellant's bail application. However, the Supreme Court found this reasoning inadequate, stating that the actions of the co-accused cannot be attributed to the appellant.

Taking into account the appellant's father's recent surgery, the Supreme Court emphasized the need for expeditious disposal of the case. The court has directed the High Court to reconsider the bail application (BLAPL No. 6803/2022) and pass appropriate orders, considering that charges have been framed and numerous prosecution witnesses are proposed to be examined.

The Supreme Court further requested the High Court to dispose of the matter at the earliest, preferably within a period of two months from the date of the production of the copy of the order. The decision highlights the urgency in resolving the case and provides an opportunity for the appellant to seek bail.

Date of Decision: May 18, 2023

SEBIL ELANJIMPALLY    VS THE STATE OF ODISHA                           

Similar News