Cancellation of bail merely on the pretext of non-appearance before the police station as bail conditions not justified

Supreme Court Overturns High Court's Bail Cancellation in NDPS Case Apex Court Rules Non-Appearance at Police Station Insufficient for Bail Revocation Amid Ongoing Trial

In a significant decision, the Supreme Court of India has set aside a Bombay High Court order that canceled the bail of Sheikh Irshad @Monu, accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Maharashtra Control of Organized Crime Act, 1999. The Supreme Court bench, comprising Justices J.K. Maheshwari and Vijay Bishnoi, held that the cancellation of bail merely due to non-appearance at a police station, while the accused consistently appeared before the Trial Court, was unjustified.

The case stems from an FIR registered against Sheikh Irshad, alleging possession of 2 kgs 728 grams of ganja, categorized as an intermediate quantity under the NDPS Act. Initially, the High Court had granted bail in August 2022, considering the accused had been in custody for nearly two years. However, the bail was revoked by the High Court following a State application, citing the appellant's failure to appear at the police station as stipulated in the bail conditions.

The Supreme Court, however, underscored that the appellant's regular appearances in Trial Court were indicative of compliance with the judicial process. The Court noted, "In a situation wherein chargesheet has been filed and the trial is in progress, direction to appear in the police station is prima facie not tenable."

The ruling emphasizes that procedural compliance should not overshadow substantive justice, particularly when the accused is actively participating in the trial. The Supreme Court's order reinstates Sheikh Irshad's bail, allowing him to remain free while ensuring his presence at trial proceedings unless otherwise directed by a competent court.

This decision highlights the judiciary's careful balance between enforcing legal conditions and safeguarding individual rights during ongoing legal proceedings.

Bottom Line:

Cancellation of bail cannot be justified merely on the pretext of non-appearance before the police station as per bail conditions, especially when the accused is appearing before the Trial Court and trial is in progress.

Statutory provisions: Sections 20, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Sections 3(1)(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

Sheikh Irshad @Monu v. State of Maharashtra, (SC) : Law Finder Doc Id # 2819867