New Delhi, March 13 The Supreme Court has granted bail to a man convicted under the stringent provisions of Narcotic Drugs and Psychotropic Substances (NDPS) Act after noting that he has spent more than seven years in custody and there is no likelihood of his appeal being heard by the Patna High Court in the near future.
A Bench of Justices Sanjay Kumar and K. Vinod Chandran allowed the appeal filed by Manoj Kumar Gupta and set aside the order of the Patna High Court, which had earlier refused to suspend his sentence and grant bail.
Gupta had challenged the May 15, 2025, order of the Patna High Court rejecting his plea for suspension of sentence in a criminal appeal arising out of an FIR registered in 2000 in connection with offences under Sections 20(b)(ii)(C), 23(c), 24, 27A and 29 of the NDPS Act.
Taking note of the prolonged incarceration, the apex court said that Gupta had already spent over seven years in custody and his appeal before the Patna High Court is unlikely to be taken up for hearing anytime soon.
“Though the appeal filed by the appellant is against his conviction under the provisions of the NDPS Act in relation to a commercial quantity of contraband, we are of the opinion that he would be entitled to relief at this stage,” the Justice Kumar-led Bench observed.
Allowing the appeal, the Supreme Court ordered suspension of the appellant’s sentence and directed that he be released on bail pending consideration of his appeal before the Patna High Court.
It clarified that the relief would be subject to his depositing the fine amount imposed by the Special Court and complying with any other terms and conditions that may be fixed by the trial court.
“Subject to the appellant depositing the fine amount imposed by the Special Court and subject to such other appropriate terms and conditions as may be fixed by the Special Court, the appellant shall be released on bail upon suspension of sentence, pending consideration of his appeal on merits,” the order said.
It further directed that the appellant must regularly appear or remain represented during the hearing of his appeal before the Patna High Court and should not seek unnecessary adjournments.
The apex court also clarified that the observations made in the order are limited to the question of bail and should not influence the merits of the pending appeal.
“We clarify that we have not made any observations/comments on the merits of the pending appeal and any observation made in this order is meant only for the limited purpose of grant of bail,” the Justice Kumar-led Bench added.
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