Hon’ble Apex Court : Grants Bail To A Mutilated Person Accused Under NDPS And MCOCA Act

The Hon'ble Apex Court granted bail to a mutilated person accused of violating the NDPS and MCOC Acts on humanitarian grounds, noting that he has been in custody for more than four years and that the trial is unlikely to begin soon.

Two-judge bench of Justices Sanjay Kishan Kaul and M.M. Sunderesh granted bail after considering the accused’s physical condition. However, it should be noted that the facts of the case should not be used as precedent for other co-accused.

Counsel for the petitioner/accused informed the Court that he is a handicapped person with a Jaipur foot (amputated leg) who has lost approximately 12 kg of weight in custody, so that even the prosthetic does not fit him properly. “No contraband was found on him.” “Some contraband was shown to have been recovered at the instance of other accused, but no recovery was shown at the instance of petitioner,” his counsel added.

The Bench noted that the petitioner is accused of being a member of a syndicate dealing and selling brown sugar, but he has been in custody since January, 2018, and the investigation has been completed, a charge-sheet has been filed, and the main accused is in custody.

Considering that the trial has yet to begin, the appellant has been in custody for four years, and the period of custody would logically break the appellant from the syndicate the head of which is in custody, said the bench, rejecting the State Counsel’s objection that the provisions of the MCOC Act have been invoked because the appellant was found connected with a syndicate of Aarti Misal, who is in custody.

In 2017, the Anti-Narcotic Squad of the Crime Branch in Pune apprehended two people, Gopinath Navnath Misal and Hussain Papa Shaikh, who were carrying 34 gm brown sugar each. During the investigation, accused Gopinath told police that he was sent to collect the contraband from Hussain, the other accused, by Aarti Misal, her sister Pooja Misal, Nilofer Shaikh, Azhar Shaikh, and the petitioner.

An FIR was filed under sections of the NDPS Act at the Khadak police station in Pune, and the petitioner and other accused were arrested in January 2018. According to their statements, they recovered kilos of heroin and brown sugar. The provisions of the MCOC Act were invoked as a result of multiple recoveries.

The Bombay High Court denied the Petitioner’s Bail Application after observing that the Charge-sheet contains statements from raiding party members as well as various panchanamas demonstrating the recovery of various contraband articles, as previously stated.

The confessional statements of two main accused, Gopinath Misal and Hussain Papa Shaikh, recorded under the MCOC Act, are significant evidence against the Petitioner. Statements were taken from all accused and witnesses who stated direct involvement and a clear role for the Petitioner and established that he was a close associate of Aarti and a member of the organised crime syndicate.

In its bail rejection order dated 31^st July, 2021, the High Court stated, “that statements against the accused show his clear role and there was sufficient material against him.” As a result, given the specific bar and restrictions set forth in Section 37 of the NDPS Act, as well as Section 21(4) of the MCOC Act, this court cannot grant bail.”