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CDJ 2025 SC 1863 print Preview print Next print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2025 (Arising Out of SLP(Crl.) No. 14159 of 2025)
Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR & THE HONOURABLE MR. JUSTICE ALOK ARADHE
Parties : Ramesh Versus Union of India
Appearing Advocates : For the Petitioner: ----- For the Respondent: -----
Date of Judgment : 27-11-2025
Head Note :-
Narcotic Drugs and Psychotropic Substances Act, 1985 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Narcotic Drugs and Psychotropic Substances Act, 1985

2. Catch Words:
- Bail

3. Summary:
- The appellant Ramesh appealed against a High Court order denying bail in a narcotics case.
- He had been in custody since his arrest on 11.11.2021, with charges not yet framed due to two absconding co‑accused.
- The seized quantity of ganja (360.95 kg) far exceeded the commercial threshold of 20 kg under the NDPS Act.
- The court noted that Ramesh, the truck owner, was not present at the seizure site and his continued detention could not be indefinite.
- The appeal was accepted, and the appellant was directed to be released on bail subject to conditions fixed by the Special Court.
- The impugned order was set aside, and the appeal was allowed without commenting on the merits of the case.

4. Conclusion:
Appeal Allowed
Judgment :-

1. Leave granted.

2. Learned Additional Solicitor General appeared for the Union of India and stated that she would be entering appearance formally during the course of the day. She, however, proceeded to argue the matter on merits on the strength of the complaint, which was placed on record.

3. The appellant, Ramesh, is aggrieved by the impugned judgment/order dated 11.08.2025 passed by the High Court of Judicature at Madras, whereby bail was denied to him in connection with Special Complaint Case No. 54/2022 on the file of the learned Additional District and Sessions Judge, Special Court for EC and NDPS Cases, Salem, in NCB F. No. 48/1/06/2021-NCB/MDS, for the offence(s) punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.

4. It is an admitted fact that the appellant, Ramesh, was arrested on 11.11.2021 in connection with the aforestated complaint case and has been in custody since then. However, charges have not even been framed as on date, owing to the fact that two of the accused are still absconding.

5. Though the quantity of Ganja seized, that is, 360.95 kgs., is well over the commercial quantity of 20 kgs. Prescribed under the Act, the continued incarceration of the appellant, Ramesh, (the owner of the truck), who was not even present at the spot when the seizure took place, cannot be prolonged indefinitely.

6. We, accordingly, accept the present appeal and direct that the appellant, Ramesh, shall be released on bail in connection with the aforestated complaint case, on such appropriate terms and conditions as may be fixed by the Special Court.

7. The impugned order is set aside and the appeal is allowed in the aforestated terms.

8. We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of bail.

9. Pending application(s), if any, shall stand disposed of.
 
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