Courts Update Supreme Court denies bail to Nigerian accused of having...

Supreme Court denies bail to Nigerian accused of having possession of 170 grams of cocaine

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New Delhi Sept 1(ILNS): The Supreme Court today denied the Bail application of a Nigerian National accused of having possession of 170 grams of Cocaine above commercial quantity under Section 37 of the N.D.P.S. Act.

The Bench comprised of Justice L. Nageswara Rao, Justice B. R. Gavai, and Justice B. V. Nagarathna has heard the counsel of the petitioner Mr. Subhasish Bhowmick and observe that It is not a case where the accusation on the petitioner is for the offense mentioned in Indian Penal Code that he will get the relief on the basis of the slow process of trial and been in custody for a long period. It is a matter related to NDPS and we can not grant bail. 

Background

This present petition was filed against the order passed by the Calcutta High Court wherein Court has denied the bail application of the petitioner and held that, “the trial Court is directed to proceed with the case as expeditiously as possible preferably within one year from the next date fixed for recording of prosecution evidence without granting any unnecessary adjournment to either of the parties.”

Arguments Raised

The petitioner is a foreign national hails from Nigeria. As per his story he came to the Calcutta to become a professional footballer like many other foreign nationals as Calcutta is a city of football. 

The petitioner has submitted before the Court that he is in custody for more than 3 years and there is no progress in trial. 

Court jested the petitioner saying then you have to play football only and not to indulge in other activities.

Petitioner further prayed to the Court to grant him bail on strict conditions and assured the court that he will not leave the city and be present on every appearance called by Court. 


He has also submitted that despite passing three and half year since he is in custody trail court is still on the position of having chief examination of PW1.

Observation and Direction of the Court

“We are not inclined to interfere in the order passed by the High Court. However, taking the fact into account that the petitioner has been in custody for more than a period of 3 years, we direct the trail court to expedite the trial and complete the proceedings in one year from today.  In case the trail is not completed within prescribed time, the petitioner is permitted to give application for bail which shall be considered on merit.”/ILNS/DS/KR/SN

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