The Supreme Court on Wednesday denied the bail application of a Nigerian national accused of having possession of 170 grams of cocaine above commercial quantity (which is 100 grams) under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The Bench of Justice L. Nageswara Rao, Justice B.R. Gavai and Justice B.V. Nagarathna heard the counsel of the petitioner Subhasish Bhowmick and observed, “It is not a case where the accusation on the petitioner is for the offence mentioned in Indian Penal Code that he will get the relief on the basis of slow process of trial and been in custody for a long period. It is matter related to NDPS and we can not grant bail.”
Calcutta High Court had denied bail
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.”
The petitioner is a foreign national from Nigeria. As per his story, he came to the Calcutta to become a professional footballer like many other foreigners as Calcutta is a city of football.
The petitioner submitted that he is in custody for more than 3 years and there is no progress in trial. The Court jested the petitioner saying then you have to play football only and not indulge in other activities. The 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-a-half years since he is in custody, trial 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 trial court to expedite the trial and complete the proceedings in a year from today. In case, the trial is not completed within prescribed time, the petitioner is permitted to give application for bail which shall be considered on merit.”
Case Name- JAMES KEVIN EDWARD@JAMES KELVIN @JAMES KEVINVs UNION OF INDIA