THE STATE OF JHARKHANDversusSUNNY KUMAR @ SUNNY KUMAR SAO

           [2025] 2 S.C.R. 619 : 2025 INSC 153

               The State of Jharkhand
                          v.
          Sunny Kumar @ Sunny Kumar Sao
              (Criminal Appeal No. 538 of 2025)
                        03 February 2025
    [Bela M. Trivedi and Prasanna B. Varale, JJ.]


                     Issue for Consideration
Matter pertains to the correctness of the order passed by the High
Court granting bail to the accused in a case registered for offence
punishable u/s.18 of the NDPS Act, and when subsequently he
was involved in another case of the same nature.

                            Headnotes†
Narcotic Drugs and Psychotropic Substances Act, 1985 –
s.18 – Bail – High Court granted bail to the accused in a
case registered for offence punishable u/s.18 – Subsequently,
accused involved in another case under NDPS Act and also
arrested for the same, and trial had already commenced:
Held: Having regard to the nature of the offence as also the fact
that the accused has been arrested in a similar offence under the
NDPS Act, it is appropriate to set aside the impugned order passed
by the High Court – Impugned order set aside – Accused to be
taken into custody and trial court to expedite the trial. [Paras 5, 6]

                            List of Acts
Narcotic Drugs and Psychotropic Substances Act, 1985.

                         List of Keywords
Bail; Arrest; Accused involved in another case while on bail; Arrest
for similar offence.

                        Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
538 of 2025
From the Judgment and Order dated 24.11.2022 of the High Court
of Jharkhand at Ranchi in BA No. 9276 of 2022
620                                                        [2025] 2 S.C.R.

                          Supreme Court Reports


                          Appearances for Parties
       Advs. for the Appellant:
       Farrukh Rasheed, Ms. Tulika Mukherjee.
       Advs. for the Respondent:
       Ms. Vrinda Bhandari, Ms. Pragya Barsaiyan.

                 Judgment / Order of the Supreme Court

                                 Judgment

1.     Leave granted.
2.     The present appeal is directed against the impugned judgment and
       order dated 24.11.2022, passed by the High Court of Jharkhand at
       Ranchi in B.A.No. 9276 of 2022, whereby the High Court had allowed
       the said application filed by the respondent-accused seeking bail in
       connection with Case No. 231 of 2022, registered at Police Station-
       Sadar, District- Chatra, Jharkhand for the offence punishable under
       Section-18 of the Narcotic Drugs and Psychotropic Substances Act
       (for short ‘the NDPS Act’).
3.     It is sought to be submitted by the learned counsel appearing for the
       appellant-State that after the release of the respondent-accused on
       bail, vide the impugned order dated 24.11.2022 passed by the High
       Court, the respondent-accused was involved in another case under
       the NDPS Act, and was also arrested for the same on 12.07.2023.
       He also submitted that the trial in respect of the present appeal,
       has already commenced and only three witnesses have remained
       to be examined.
4.     However, the learned counsel appearing for the respondent-accused
       submitted that the recovery of the alleged contraband was not of
       commercial quantity and it was only of an intermediate quantity,
       and therefore, the rigors of Section-37 would not be applicable
       to the instant case. She also submitted that the appellant-State
       has challenged the very order granting the respondent-accused
       bail, and it is not a case of cancellation of bail on the ground of
       breach of any of the bail conditions. She has conceded that at
       present, the respondent-accused is under arrest in connection
       with other offence punishable under the NDPS Act, registered
       after the present one.
[2025] 2 S.C.R.                                                        621

     The State of Jharkhand v. Sunny Kumar @ Sunny Kumar Sao


5.   Having regard to the submissions made by the learned counsels for
     the parties and to the nature of the offence as also the fact that the
     respondent-accused has been arrested in a similar offence under
     the NDPS Act, we deem it appropriate to set aside the impugned
     order passed by the High Court.
6.   Accordingly, the impugned order dated 24.11.2022, passed by the
     High Court of Jharkhand, is set aside. The respondent-accused is
     directed to be taken into custody in connection with Case No. 231 of
     2022, registered at Police Station-Sadar, District-Chatra, Jharkhand.
     However, the Trial Court is directed to expedite the trial and conclude
     the same in accordance with law, preferably within four months from
     the date of receipt of a copy of this judgment.
7.   Accordingly, the appeal is allowed.
8.   Pending application(s), if any, shall stand closed.

     Result of the case: Appeal allowed.



     †
         Headnotes prepared by: Nidhi Jain