The Supreme Court recently imposed a penalty of Rs. 20,000 on the State of Jharkhand for filing a Special Leave Petition almost a year after granting bail to an individual accused of violating Sections 17, 18, 21, and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Acknowledging the case that involves allegations of committing an offense under the NDPS Act, the bench comprising Justice Aniruddha Bose and Justice Bela M. Trivedi decided to overlook the delay in filing. Nevertheless, the court imposed a substantial penalty on the State as a deterrent measure.

The Court issued an order stating, "Regarding the delay of 312 days in filing the special leave petition, given the nature of the allegations related to offenses under the Narcotic Drugs and Psychotropic Substances Act 1985, we are excusing this delay. However, the State is required to pay a penalty of Rs. 20,000 (twenty thousand rupees), which should be remitted to the Supreme Court Advocates Welfare Fund. This process should be completed within a two-week timeframe."

It's important to note that the standard time limit for filing a Special Leave Petition (SLP) is typically 90 days from the issuance of the judgment or order that the SLP aims to challenge. However, the Supreme Court retains the discretion to extend this time frame and admit a delayed SLP filing, as long as there is a legitimate and justifiable reason for the delay.

In 2020, Justice Sanjay Kishan Kaul highlighted that the government is not immune to the constraints of time limitations, and it cannot function as if these limitations do not apply to it.

The State of Jharkhand had appealed to the Supreme Court to challenge the decision made by the High Court of Jharkhand, which granted bail to a person named Osaid Miyan. Osaid Miyan had been incarcerated since March 2021. The High Court's order stated, "The applicant, Osaid Miyan, is to be released on bail upon posting a bail bond of Rs. 25,000 (twenty-five thousand rupees) along with two sureties of an equal amount, subject to the satisfaction of the learned Special Judge (NDPS) in connection with Dasamfall P.S. Case No. 07 of 2021."

The accused was purportedly apprehended by the police in possession of 1.250 kilograms of a substance, and it was also claimed that, based on information provided by the apprehended accused individuals, an additional 115 kilograms of the same substance were discovered in a school.

In response, the Supreme Court issued a notice in the Special Leave Petition (SLP) and scheduled the matter for a hearing four weeks from the date of the order.

Case: The State of Jharkhand V. Osaid Miyan, SPECIAL LEAVE PETITION (CRIMINAL)/Diary No. 7273/2023.