Decided on February 07,2019

RINKU DAS Appellant


SANJAY KAROL,J. - (1.)The Apex Court in Satpal Singh Vs. State of Punjab reported in (2018) 13 SCC 813 reminded the "police and the Public Prosecutor that they need to show due diligence" and vigilance while dealing with the cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). Unreservingly and unhesitantly, I must add, that such observation applies, with equal force, also to the Judges dealing with the cases under the said Act.
(2.)In the instant case, the approach adopted by the Court below in granting bail to the accused is against, in fact, contrary to the settled principles of law. Certain basic principles, fundamental in nature, stands flouted while passing such orders.
(3.)The principle for grant of bail under the Act stands fully settled. Starting from Narcotics Control Bureau Vs. Kishan Lal and Ors., (1991) 1 SCC 705; Union of India vs. Ram Samujh and another, (1999) 9 SCC 429; Collector of Customs, New Delhi vs. Ahmadalieva Nodira reported in (2004) 3 SCC 549; Sami Ullaha vs. Narcotic Central Bureau, (2008) 16 SCC 471; Union of India vs. Rattan Mallik alias Habul, (2009) 2 SCC 624 and most recently in Satpal Singh Vs. State of Punjab, (2018) 13 SCC 813 the Apex Court observed as under :
"3. Under Section 37 of the NDPS Act, when a person is accused of an offence punishable under Section 19 or 24 or 27A and also for offences involving commercial quantity, he shall not be released on bail unless the Public Prosecutor has been given an opportunity to oppose the application for such release, and in case a Public Prosecutor opposes the application, the court must be satisfied that there are reasonable grounds for believing that the person is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. Materials on record are to be seen and the antecedents of the accused is to be examined to enter such a satisfaction. These limitations are in addition to those prescribed under Cr.P.C or any other law in force on the grant of bail. In view of the seriousness of the offence, the law makers have consciously put such stringent restrictions on the discretion available to the court while considering application for release of a person on bail. It is unfortunate that the provision has not been noticed by the High Court. And it is more unfortunate that the same has not been brought to the notice of the Court."

(emphasis supplied).


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.