Case Details: Arunkumar Babukumar vs. Superintendent of Customs (2025) 34 Centax 433 (S.C.)
Judiciary and Counsel Details
- J.K. Maheshwari & Vijay Bishnoi, JJ.
- Shri G. Murugendran, Adv. & T. Harish Kumar, AOR, for the Petitioner
- Ms. B. Sunita Rao, Adv. & Ms. Nisha Bagchi, AOR, for the Respondent
Facts of the Case
The petitioner, an accused in a case registered under Section 9A read with Sections 23, 25(A), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was arrested for alleged offences relating to smuggling in narcotic drugs and psychotropic substances. The petitioner continued to remain in judicial custody for more than three and a half years. It was submitted that despite the prolonged incarceration, the trial had not concluded and summons were still issued for examination of some of the witnesses. The petitioner sought bail under Section 439 of the erstwhile Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that further detention was unwarranted in view of the delay in completion of trial. The matter was accordingly placed before the Supreme Court.
Supreme Court held
The Supreme Court held that the petitioner, who had been in judicial custody for more than three and a half years for alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, was to be released on bail. The Court observed that the trial was still pending, with summons issued for examination of some witnesses, indicating that its conclusion would take considerable time. Considering the period of incarceration and the stage of proceedings, the Court directed that the petitioner be released on bail on furnishing suitable bail bonds and sureties and on such other terms and conditions as deemed fit by the Trial Court. The Special Leave Petition was accordingly allowed in favour of the petitioner.
