Excelsior Correspondent
JAMMU, Feb 13: Supreme Court has granted bail to Ramesh Kumar, BSF officer, who was on deputation to Narcotics Control Bureau (NCB) and facing serious charges under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC).
The Bench of Supreme Court comprising Justice Abhay S Oka and Justice Ujwal Bhuyyan observed, “the trial has made minimal progress, with only six witnesses examined till date. The trial is unlikely to conclude within a reasonable timeframe. Furthermore, no prior criminal antecedents of the appellant were presented by the prosecution”.
The appellant’s legal team comprising Senior Advocate Shadan Farasat, Advocate Umair A Andrabi and Advocate Tanisha argued that the evidence against their client was insufficient to justify continued incarceration.
The Supreme Court also expressed concern over the investigative methods, particularly the reliance on a photo identification memo where witnesses were shown photographs of the appellant rather than participating in a proper Test Identification Parade (TIP). The bench remarked that this was a “very strange and doubtful procedure,” though it refrained from making final findings to avoid influencing the ongoing trial.
The prosecution’s claim of recovering Rs 91 lakh from the appellant was also scrutinized, with the court noting that no evidence was presented to link the money directly to the alleged offences.
Applying the legal principles established in the judgment of the Supreme Court in K A Najeeb, the court concluded that the prolonged trial and lack of compelling evidence warranted the appellant’s release on bail. The court directed that the appellant be produced before the trial court within a week to finalize the bail conditions.
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