MANOJ KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Ms. Ashima Mandla and Mr.Pradeep Mittal, learned counsel for the petitioners and Mr.K.M. Nataraj, learned Additional Solicitor General for the Union of India, Respondent No.2.

(2.) The Special Leave Petitions are filed against the orders rejecting their applications for grant of bail pending trial. The Petitioners are sought to be prosecuted in Crime No. 163/2014 for alleged offence under Sec. 43(b) read with Sec. 20 of the NDPS Act. On the complaint filed by the Senior Intelligence Officer, Directorate of Revenue Intelligence, Siliguri, Regional Unit, crime was registered. It is alleged that the petitioners Manoj Kumar Singh (A-3) and Sanjay Singh (A-7) alongwith seven others were transporting 9310 Kgs of Ganja in the carrier truck which was escorted by a white coloured Maruti Gypsy. A Gypsy and a truck were intercepted and the material were recovered from the truck. It is also alleged that accused were dressed in Army Uniform and were carrying firearms with them. On the aforesaid allegations, the complaint was registered on 30/1/2014.

(3.) Mainly it is the case of the petitioners that by this time they have completed more than seven years in judicial custody and in view of the judgment of this Court in the case of "Supreme Court Legal Aid Committee Representing Undertrial Prisoners Vs. Union of India and Ors. " reported in (1994) 6 SCC 731, they are entitled for grant of bail, as they have served more than five years under the judicial custody.