Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court

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                           

Latest Legal News