SUPREME COURT OF INDIA
MOHD MUSLIM @ HUSSAIN Vs. STATE
Criminal Appeal No(s). of 2023
Decided on : 28-03-2023
CrPC, 1973- Sections 436A and 439 – NDPS Act, 1985 – Sections 20, 25, 29 and 37 – Bail – Possession of 180 kilograms of ganja – Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too – Where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society – The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials – especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily – Appellant enlarged on bail.