Excelsior Correspondent
NEW DELHI, Jan 6: The Supreme Court of India, comprising a bench of Justice B R Gavai and Justice Sandeep Mehta, granted bail in NDPS case titled as, “Yeakub Ali @ Eyakub Ali alias Babua versus 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 investigating agency failed to comply with section 50 of the NDPS Act and also that he fulfills 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 keeping the petitioner behind the bars is violative of Article 21 of the Constitution of India.
The court held that “…the State vehemently opposed the petition but taking into consideration that the petitioner has been incarcerated for more than a year, we are inclined to grant bail”.
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