Accused granted bail under NDPS Act in “unusual times” of COVID-19 by SC

Orders for release of persons on bail to decongest jails, applicable to cases of up to seven years sentence were passed by the SC. The order was passed given the differential circumstances of the case and should not to be treated as a precedent.

The apex court said, “we are faced with unusual times where the COVID situation permeates. In the given aforesaid facts and circumstances of the case, we consider it appropriate to enlarge the appellant on bail on terms and conditions to the satisfaction of the Trial Court.”

The accused had served 8 years in the custody already and the case haven’t even reached the hearing stage yet. On the contrary, the Solicitor General representing NCB contended that mere passage of time cannot be the determining factor for the release of the accused. The court on this stated that the bail is provided with given facts of the case and should not be set as a precedent.

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