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of <h1>SC Grants Bail to Syrian National in Narcotics Case Due to Trial Delays; Conditions Imposed Under NDPS Act Section 37.</h1> <h3>Mahmood Kurdeya Versus Narcotics Control Bureau</h3> The SC allowed the appeal, granting bail to the appellant, a Syrian national accused of smuggling narcotics, due to significant delays in trial ... Seeking grant of bail - Smuggling large quantities of narcotics and psychotropic drugs from the Indira Gandhi International Airport - HELD THAT:- What persuades to pass an order in favour of the appellant is the fact that despite the rigors of Section 37 of the said Act, in the present case though charge sheet was filed on 23.09.2018 even the charges have not been framed nor trial has commenced. The manufacturer who sold the drugs to the appellant during the sunset clause himself has been granted bail. Bail granted to the appellant on terms and conditions to the satisfaction of the trial Court - appeal allowed. 'Leave granted.' Prosecution: NCB received information that a Turkish national smuggled large quantities of Tramadol X-225; accused named appellant in a statement under Section 67 of the NDPS Act. Bags containing contraband were purchased by the appellant; shopkeeper identified him from photographs. Core issues: Tramadol X-225 was notified as a psychotropic drug by a Notification dated 26.04.2018 with a three-month 'sunset clause'; manufacturer sold the drugs earlier (invoice 25.10.2017) and has been granted bail; alleged handover to appellant occurred on 23.09.2018 after the sunset period. Although charge sheet was filed, charges had not been framed nor trial commenced during over three years' custody. Noting rigors of Section 37 and delay in trial proceedings, court found this and the manufacturer's bail persuasive and accordingly 'grant bail' to the appellant on terms to the satisfaction of the trial court, including periodic reporting, deposit of passport/travel documents and refugee certificate. Parties to bear their own costs.
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