Sebil Elanjimpally vs The State of Odisha

Court

Supreme Court of India

Date

18 May 2023

Case No.

Criminal Appeal No. 1578 of 2023

Result

Allowed

Bench

K.M. Joseph, Aravind Kumar

Citation

[2023] 6 S.C.R. 563 : 2023 INSC 557

Headnote

Bail – Denial of – When not proper – Appellant charged for commission of offences u/s. 20(b)(ii)(C), NDPS Act had been in custody for two years and 11 months – Bail denied – On appeal, held: The fact that the co-accused who was released on bail did not surrender cannot be a germane factor to decline bail – Impugned order set aside – Matter to be reconsidered by the High Court – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20(b)(ii)(C).

The following Judgment of the Court was delivered : JUDGEMENT 1. Leave granted. 2. The impugned order is one by which the application for bail filed by the appellant has been rejected. 3. The appellant has been charged for alleged commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant has been in custody for two years and 11 months. The impugned order is the order passed in the second bail application. The earlier bail application came to be rejected on 07.07.2022. It is, in fact, pointed out by the learned counsel for th

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