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2015 (12) TMI 1190 - HC - Indian LawsBail matters arising out of FIRs registered under NDPS Act - enlargement on bail - How to determine that the accused is not likely to commit any offence while on bail? - The Scope of ‘Liberty’ - Held that:- The legislative intent to make an exception to the principle of ‘bail the rule and jail the exception’ is further fortified by sub-section (2) of Section 37 which says that the limitation on granting of bail as specified in clause (b) of sub-section (1) are in addition to the limitations prescribed under CrPC or any other law on granting of bail. A person accused of committing offence falling under clause (b) of sub-section (1) of Section 37 of the NDPS Act is obviously on the wrong side of law and he cannot complain that notwithstanding the deterrent legislative policy of such Act, he is entitled to enjoy ‘liberty’ under Article 21 of the Constitution. One learned Single Judge has granted bail in wholesome without noticing the allegations of organized operations of drug racketeers or the legislative scheme of the NDPS Act including the stringent conditions on bail imposed under its Section 37. The other learned Judge has declined bail applying Section 37 even in those cases where it was admittedly not attracted. With utmost humility and respect at our command, both the views are erroneous in law and cannot withstand the settled legal proposition. None of these orders can be treated as persuasive or binding precedents. In the light of the above discussion and on consideration of the facts and circumstances of the case in hand, it emerges that (i) though no recovery was effected from the petitioner in the case FIR No.56 dated 15.05.2013 but the said case pertains to an offence involving ‘commercial quantity’ hence Section 37 would be attracted; (ii) it is difficult and premature to believe that the petitioner is not guilty of the offence, for he is alleged to be an active member of drug-mafia; (iii) Owing to his past conduct, namely, involvement in NDPS cases in the States of Maharashtra and Rajasthan, it is not possible for this Court to be satisfied that he is not likely to commit any offence while on bail; (iv) the chargesheet has since been filed and the case is ripe for prosecution evidence; (v) this Court is inclined to issue comprehensive directions for speedier disposal of all drug trafficking cases which are inter-connected, in a time-bound manner
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