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As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.
Shine Tom Chacko and others were arrested by the police, suspecting cocaine and other narcotic substances use during a party.
Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.
“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”
In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.
The Court noted that neither the owner of the vehicle nor the driver was arrayed as an accused, and only third-party occupant was arrayed as an accused; and the police after investigation found no trace that the owner allowed his vehicle to transport contraband drugs/ substances with his knowledge or connivance.
“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”
The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.
“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”
Any waiver of a bail condition must not compromise the one most important legal requirement that a prisoner must make himself available for trial and for compliance with a sentence imposed.
‘In an NDPS case, if charge sheet is filed within 180 days from the date of arrest of the accused, no right of statutory bail accrues.’
Despite the Court granting bail on 11-09-2024, the case was not immediately disposed of, as there were concerns regarding lapses in maintaining CCTV footage at the police station in Manasa, District-Neemuch.
There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.
The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.
“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”
The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.
The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.
The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.
“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”