Criminal Procedure Code, 1973
Section 439—Regular bail—NDPS case—Applicant is facing trial for commission of offence under Section 20(C) read with Section 29 of the NDPS Act—Prayer for grant of bail in terms of decision of Hon’ble Apex Court in Supreme Court Legal Aid Committee (Representing under-trial prisoners) v. Union of India, (1994) 6 SCC 731 considering his period of custody—Accused is in custody for more than five years and charges have been framed for alleged offences—Punishment provided under Section 20(c) of the Act is rigorous imprisonment for a term which shall not be less than ten year but which may extend to twenty years, along with fine—In such category of cases, the Hon’ble Apex Court in (1994) 6 SCC 731 vide direction (iii) had ordered the release of those under-trial prisoners who had been in jail for more than five years in cases where minimum imprisonment was of ten years—Applying the law that has been laid down by the Apex Court, the petitioner is admitted to bail subject to conditions.
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