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TMI Blog2015 (12) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... ere traveling on that day in a Verna car affixing fake number plate HR-26AJ-1019 from Amritsar to Delhi via Kharar and would be carrying the intoxicants. Based upon that secret information, the FIR was registered under various provisions of IPC and NDPS Act. (3) The police party intercepted the above-stated Verna car at about 2.10 pm near the Tax Barrier at Banur and Satinder Dhama who was driving the car was nabbed and from the dash board of the car, narcotic substance ICE (Methamphetamine) lying in a plastic envelope was allegedly recovered. Satinder Dhama was arrested and during interrogation he is said to have named Baljinder Singh @ Sonu as his partner in supplying ICE (Methamphetamine) and Pseudoephedrine in different cities of Punjab. Baljinder Singh @ Sonu was also joined in the investigation and arrested. (4) The petitioner though is not named in the abovementioned FIR but as per the charge-sheet filed under Section 173 CrPC (P2), it is alleged that an organized gang was actively involved in drug trafficking and after the arrest of one or two accused, they revealed the names of other members and associates. It was found that Jagdish Singh @ Bhola is the kingpin of drug m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revealed that the petitioner along with his co-accused Rajesh Shyam Behari Saraf and Aniruddha Harishchandra Chavan have been manufacturing methaqualone powder/Mandrax in the premises of M/s Bilara Cement Factory at Bilara, Jodhpur. (10) According to State counsel the petitioner and Jagdish Singh @ Bhola are closely associated and Bhola was seen in the petitioner's company in Goa. (11) Having heard learned counsel for the parties, it appears that the petitioner does not deserve the concession of bail at this stage. We say so for the reasons that as per his past record, he was found involved in the NDPS cases in the States of Maharashtra, Rajasthan and he is said to have come into contacts with Punjab counterparts also. There is every possibility of his re-entering the world of narcotics, if released on bail. (12) Since some of the grounds like (a) non-applicability of Section 37(1)(b)(ii) of the NDPS Act; (b) the supremacy of 'liberty' guaranteed under Article 21 of the Constitution; and (c) false implication etc. have been pressed into aid by all the petitioners in these connected bail matters, we treat this petition as the lead case. When and where Section 37 of NDPS Act wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "chattel" i.e. the illegal substance at a particular location or site, at a relevant time and the intention based upon the knowledge, would constitute the unique relationship and manifest possession. In such a situation, presence and existence of possession could be justified, for the intention is to exercise right over the substance or the chattel and to act as the owner to the exclusion of others". (17) 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. The Scope of 'Liberty': (18) Having held that, we may also briefly explain the nature of two conditions contained in clause (b) of sub-section (1) of Section 37, namely, (a) there are reasonable grounds to believe that the accused is not guilty of such offence; (b) he is not likely to commit any offence while on bail. (19) True it is that liberty is the first-rate constituent of one's dignified life and is the ethical code of civili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Forensic Science Laboratory; (v) the report under Section 174 CrPC, if submitted; (vi) Official records or documents, if any. (24) In a case where the prosecution has led its evidence in part, the Court has to tread very carefully and ensure no aspersions on the merits of the case even if it is inclined to believe that there are reasonable grounds that the accused is not guilty of the offence. (25) The golden principle to be followed is as laid down by the Supreme Court in (i) Union of India vs. Shiv Shanker Kesari (2007) 7 SCC 798; (ii) Union of India v. Rattan Mallik @ Habul (2009) 2 SCC 624, namely, that (i) reasonable grounds means something more than prima facie grounds; (ii) there are substantial probable causes for believing that the accused may not be guilty of offence he is charged with; (iii) there are facts and circumstances sufficient in themselves to justify the satisfaction of the Court that the accused is not guilty of the alleged offence; and (iv) that the satisfaction of the Court is only for the limited purpose of releasing the accused on bail. How to determine that the accused is not likely to commit any offence while on bail? (26) As regards the seco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven 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. (28) 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-conne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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