The Supreme Court directed that High Courts should not use interim bail as a routine remedy in serious NDPS offences.
Case in News
High Courts must not repeat interim bail orders stated by the Supreme Court if India in key ruling of NDPS bail .
Case Overview
Case Name – Asim Mallik v. The State of Odisha
In a ruling the Supreme Court of India bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran ordered that High Courts should not repeatedly grant interim bail to the same accused . The case involved an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) where the Odisha High Court had granted repeated interim bail instead of deciding on regular bail . Considering the petitioner had already undergone about 3 years in custody, the Court held it was a fit case for regular bail and issued appropriate guidelines .
Key Aspects
- Petitioner was charged under Section 20(b)(ii)(C) of the NDPS Act for possession of commercial quantities of cannabis .
- The High Court of Odisha granted interim bail several times without deciding the application of regular bail .
- Petitioner had already spent approximately 3 years in jail .
- The Supreme Court of India observed a growing pattern where High Courts misuse interim bail in serious offences .
- The issue before the Court was whether such repeated interim relief was legally justifiable or not .
Legal Insights
- Section 20(b)(ii)(C), NDPS Act 1985 – Relates to possession of commercial quantities of narcotic substances; punishable with rigorous imprisonment of 10–20 years.
- Section 437, Code of Criminal Procedure (CrPC) – Governs bail in cases triable by Magistrates ; applicable when accused is not charged with an offence punishable with death or life imprisonment .
- Section 439 CrPC – Gives Sessions Court and High Courts special powers to grant regular bail in serious offences .
- Interim Bail – Temporary bail usually granted pending hearing of the regular bail application; not to be used routinely.
- The Supreme Court of India stressed that interim bail should be limited to specific exigencies and cannot substitute a proper order under Sections 437 or 439 of Criminal Procedure Code (CrPC) .
Court’s Verdict
The Supreme Court of India ordered the release of the petitioner on regular bail by considering the time already spent in custody . The bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran condemned the practice of High Courts granting interim bail repeatedly . The Court explained that such relief should remain exceptional and ordered that courts must either grant or deny regular bail based on judicial scrutiny mainly in NDPS matters relating to serious allegations.
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