Excelsior Correspondent
JAMMU, Jan 5: The Supreme Court of India, comprising a bench of Justice Vikram Nath and Justice Satish Chandra Sharma, granted bail in NDPS case titled as, “Ismail Shaikh @ Ketli vs The State of West Bengal”.
Advocate Keshav Thakur, appearing on behalf of the petitioner, argued that the latter was falsely implicated on strength of evidence collected by investigating agency, which was not legally admissible and therefore, he could not be fastened with any criminal liability.
The Counsel further submitted that the petitioner fulfils the twin conditions as mentioned in section 37 of the NDPS Act. He also submitted that the investigation agency failed to comply the mandatory conditions under section 52 A of the NDPS Act, 1985.
The Counsel submitted that the progress of the trial is extremely slow and neither the trial has commenced nor the prosecution witnesses have been examined and therefore, keeping the petitioner behind the bars is violative of Article 21 of the Constitution of India.
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