Chintan Rajubhai Panseriya v. The State of Maharashtra, 2026
It reiterates Supreme Court’s principle of speedy trial under Article 21, even in serious NDPS cases.
Judgement Details
Court
Supreme Court of India
Date of Decision
2 February 2026
Judges
Justice JB Pardiwala and Justice KV Viswanathan
Citation
Acts / Provisions
Facts of the Case
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The petitioner was arrested in March 2022 by the Anti-Narcotic Cell, Worli Unit for possession of 2428 kg of Mephedrone.
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Trial under the NDPS Act was delayed; the Trial Court took more than three and a half years to frame charges.
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159 witnesses were proposed to be examined, raising concerns about prolonged trial.
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Co-accused had been released on bail.
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Supreme Court issued notice on 13 January 2026 regarding delay in framing charges, with charges eventually framed on 16 January 2026.
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Supreme Court granted bail due to prolonged undertrial custody, imposing conditions to safeguard prosecution’s interest.
Issues
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Whether prolonged undertrial custody without framing of charges warrants granting bail in an NDPS case?
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Whether the excessive number of witnesses (159) being proposed for examination can justify continued custody of the accused?
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Whether Section 294 CrPC compliance affects the grant of bail in cases with delayed trial proceedings?
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Whether the seriousness of NDPS offences precludes the exercise of discretion under Supreme Court’s inherent powers to grant bail?
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Whether conditions such as surrender of passport, local movement restrictions, and periodic police reporting are sufficient to safeguard the interest of prosecution while granting bail?
Judgement
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The Supreme Court granted bail to the petitioner.
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Recognized seriousness of the alleged offence but highlighted excessive delay in trial and prolonged undertrial custody.
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Noted that the prosecution must focus on important witnesses, avoiding multiplication of witnesses that prolongs trial unnecessarily.
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Allowed prosecution liberty to impose specific bail conditions.
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Imposed conditions on the petitioner:
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Not leave Ankleshwar, Gujarat, except for attending trial.
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Mark presence every Sunday at Ankleshwar City Police Station.
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Surrender passport to the Trial Court.
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Held
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Prolonged undertrial custody and delayed framing of charges justify grant of bail, even in NDPS cases.
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Excessive number of proposed witnesses cannot justify indefinite custody.
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Trial Court and prosecution must expedite proceedings and examine key witnesses.
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Bail can be granted subject to safeguard conditions protecting prosecution’s interest.
Analysis
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Reiterates Supreme Court’s principle of speedy trial under Article 21, even in serious NDPS cases.
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Emphasizes judicial discretion in granting bail when trial delays exceed reasonable time, preventing unnecessary violation of liberty.
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Critiques multiplication of witnesses by prosecution as a potential cause for delayed justice.
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Balances rights of accused with interest of prosecution, allowing conditions for monitoring.
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Reinforces that undertrial custody should not be punitive, particularly when trial inefficiencies are not attributable to the accused.