RINKU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(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 :