SC Imposes ₹ 20,000 Cost On State Of Jharkhand For 312 Days Delay In Filing SLP For Cancellation Of Bail In NDPS Act Case

The Supreme Court has recently imposed a cost of Rs. 20,000 on the State of Jharkhand as a penalty for filing a Special Leave Petition nearly a year after the grant of bail to a man accused of offences under Sections 17, 18, 21, and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Noting that as the matter pertains to allegations of commission of offence(s) under the NDPS Act, the Bench of Justice Aniruddha Bose and Justice Bela M. Trivedi decided to condone the delay. However, the Court imposed an exemplary cost on the State.

The Court ordered, "So far as delay of 312 days delay in filing the special leave petition is concerned, considering the fact that the matter pertains to allegations of commission of offence(s) under the Narcotic Drugs and Psychotropic Substances Act 1985, we are condoning the same but, the State must pay as cost a sum of Rs. 20,000/-(Rupees twenty thousand) to be remitted to the Supreme Court Advocates Welfare Fund. This exercise shall be completed within a period of two weeks."

Advocate Kumar Anurag Singh along with Advocate-on-Record Anando Mukherjee appeared for the State of Jharkhand.

It may be noted that the time limit for filing a Special Leave Petition (SLP) is typically set at 90 days from the issuance of the judgment or order that the SLP seeks to challenge. However, the Supreme Court possesses the discretion to extend this time frame and accept a delayed SLP filing, provided there exists a valid reason for the delay.

Similarly, in the year 2020, Justice Sanjay Kishan Kaul emphasized that the government is not exempted from adhering to limitations, and it cannot operate as if limitations do not apply to it.

Background: The State of Jharkhand had approached the Apex Court impugning the order passed by the High Court of Jharkhand granting bail to one Osaid Miyan who had been in jail since March 2021. The High Court had ordered, "Let the applicant, namely, Osaid Miyan, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS), Ranchi, in connection with Dasamfall P.S. Case No. 07 of 2021."

The accused was allegedly caught by the police in possession of 1.250 Kg. and it was also alleged that on the pointing by the apprehended accused persons, 115 Kg of Doda was recovered from a school.

Accordingly, the Supreme Court issued notice in the SLP and ordered the matter to be posted after four weeks.

Cause Title: State Of Jharkhand v. Osaid Miyan [Diary No. 7273/2023]

Click here to read/download the Order