A DIVISION BENCH OF THE SUPREME COURT RULED THAT WHILE GRANTING BAIL TO THE ACCUSED UNDER NDPS ACT., THE UNDERLYING OBJECT OF SECTION 37 OF NDPS ACT CAN NOT BE OVERLOOKED AND ANY LIBERAL APPROACH IN GRANT OF BAIL UNDER NDPS ACT IS UNCALLED FOR.
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NAME | MOBILE NO. | E-MAIL I’D | ||
RANJEET KUMAR | 8383098478, 9667769795 | |||
JAI THAKUR | 8130703334, 9355723300 | |||
RAJEEV RANJAN | 9334553249 | |||
ASHOK MISHRA | 9718327746 | |||
RAVI KUMAR | ||||
A Division Bench of the Supreme Court while setting aside the Order of the Single Judge of the High Court granting bail to the accused under NDPS Act categorically held that the scheme of Section 37 of NDPS Act reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the Cr.PC, but is also subject to the limitation placed by Section 37 of NDPS Act which commences with nonobstante clause. The operative part of section 37 of NDPS Act. is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the NDPS Act, unless twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the Court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, the ban for granting bail operates. The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 of NDPS Act that in addition to the limitations provided under the Cr.PC, or any other law for the time being in force,regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for.
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