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MOHAMMAD ROSHAN v. UNION OF INDIA

Supreme Court of India | Diary 10123/2025

Status

ROP - of Main Case

Decided On

02-05-2025

Bench

HON'BLE MR. JUSTICE SANJAY KAROL and HON'BLE MR. JUSTICE MANOJ MISRA

Petitioner

MOHAMMAD ROSHAN

Respondent

UNION OF INDIA

Primary Holding

Prolonged pre-trial custody under the NDPS Act, particularly where charges remain unframed despite filing of chargesheet, may constitute sufficient grounds for the Supreme Court to grant bail notwithstanding the stringent conditions under the Act.

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Full Judgment Text

ITEM NO.7 COURT NO.16 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.4517/2025 [Arising out of impugned final judgment and order dated 28-10-2024 in CRLOP(MD) No. 18511/2024 passed by the High Court of Judicature at Madras at Madurai] MOHAMMAD ROSHAN Petitioner(s) VERSUS UNION OF INDIA Respondent(s) Date : 02-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) :Mr. Renjith B. Marar, Adv. Mr. Arun Poomulli, Adv. Ms. Lakshmi N. Kaimal, AOR For Respondent(s) :Ms. Aishwarya Bhati, ASG Mr. Rajat Nair, Adv. Ms. Mili Baxi, Adv. Mr. Chitrangda Rashtravara,Adv. Ms. Radhika Mishra, Adv. Mr. Sumit Choudhary, Adv. Mr. Arvind Kr. Sharma, AOR UPON hearing the counsel the Court made the following O R D E R 1. The petitioner seeks leave to challenge the order dated 28-10-2024 in CRL.OP (MD) No. 18511/2024 titled “ Mohammad Roshan Vs. The Intelligence Officer, Narcotics Central Bureau,Chennai Zonal Unit” passed by the High Court of Judicature at Madras at Madurai whereby the bail application of the petitioner was rejected. SLP(Crl.) No.4517/2025 1

2. The petitioner has been in judicial custody since 29.10.2023 in connection with C.C. No. 136 of 2024 arising out of NCB File No. 48/1/21/2023/NCB/MDS for the offence under Sections 8 (C) r/w 20(b)(ii)(C), 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Having heard Mr. Renjith B.Marar, learned counsel for the petitioner and Ms. Aishwarya Bhati,learned ASG, and perused the material placed on record, we are of the considered view that the petitioner has made out case for interference with the impugned order dated 28.10.2024. 4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 29.10.2023, we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 6. The special leave petition is, accordingly, disposed of. 7 Pending application(s), if any, stands disposed of. (RAJNI MUKHI) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) SLP(Crl.) No.4517/2025 2

ITEM NO.8 COURT NO.16 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No. 10123/2025 [Arising out of impugned final judgment and order dated 28-10-2024 in CRLOP(MD) No. 18511/2024 passed by the High Court of Judicature at Madras at Madurai] MOHAMMAD ROSHAN Petitioner(s) VERSUS UNION OF INDIA Respondent(s) (IA No. 67823/2025 - CONDONATION OF DELAY IN FILING) Date : 24-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) :Mr. Renjith B. Marar, Adv. Ms. Lakshmi N. Kaimal, AOR Mr. Arun Poomulli, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R 1. Petitioner lays challenge to the order dated 28-10-2024 in CRLOP(MD) No. 18511/2024 titled “Mohammad Roshan Vs. The Intelligence Officer, Narcotics Central Bureau, Chennai” passed by the High Court of Judicature at Madras at Madurai. 2. Delay condoned. 3. Shri Renjith B. Marar, learned counsel submits that the petitioner is in custody since 29.10.2023. Even though the charge sheet was presented on 29.04.2024, the Trial Court has not framed the charges. 1

Diary No. 10123/2025 4. Issue notice, returnable on 02.05.2025. Dasti, in addition, is permitted. 5. Steps for service to be taken in two weeks. 6. Respondent is required to file counter affidavit before the next date of listing. (RAJNI MUKHI) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

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