A.K.SINGH, J. - (1.) HEARD the learned counsel for the applicant and the learned Public Prosecutor.
(2.) THE learned counsel for the applicant has submitted that the father of the applicant expired on 18th June, 1997 and his last rites are to be performed on 1st July, 1997 and the applicant being the eldest son of the deceased (father) he wants to be present at the last rites, therefore, he should be temporarily released on bail under Section 439 Cr.P.C. so that he may perform the last rites. The allegation against the applicant is that he was found carrying 1.5 kg. of opium and he has committed an offence under Section 8 read with Section 18 of the NDPS Act. Section 37 of the NDPS Act clearly provides that a person who is an accused under the NDPS Act shall not be released on bail unless the Court is satisfied that the allegation against him is not true.
(3.) THE object of bail is not punitive. It is simply to ensure the attendance of the prisoner before the Court during trial and the legislature in its wisdom has prescribed under Section 37 of the NDPS Act that the accused shall not be released unless there are reasonable grounds for believing that he is not guilty. It appears that the legislature has taken note of the fact that persons accused under the NDPS Act are not likely to put their appearance before the Court during trial if released on bail. Several cases in which bail was granted on humanitarian grounds to accused persons facing trial on charges under the NDPS Act, the benefit of release on bail was abused and accused did not turn up before the trial Court. In the instant case it is admitted by the learned counsel for the petitioner that petitioner has brothers who can represent at the time of last rites of the deceased (father).;