TMI Blog2020 (1) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... to be followed. At this juncture, a reference to Section 37 of the Act is apposite. That provision makes the offences under the Act cognizable and non-bailable. The expression reasonable grounds means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for. The appeals are allowed and the impugned order passed by the High Court releasing the respondents on bail is hereby set aside - Bail bonds of the accused respondents stand cancelled and they are directed to be taken into custody. - CRIMINAL APPEAL NO(S). 154-157 OF 2020 (Arising out of SLP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 29 of the NDPS Act and rejected the application for postarrest bail vide order dated 21st February, 2019 which came to be challenged at the instance of the accused respondent filing bail application before the High Court. 6. Learned Judge of the High Court without even noticing Section 37 of the NDPS Act and taking note of the fact that other accused persons in Crime No. 14/2018(A1 to A4) since have been released on bail, granted him postarrest bail under the order impugned dated 10th May, 2019 which is a subject matter of appeal before us. Facts of Crime No. 19/2018 7. The accused respondents in Crime No. 19/2018 are registered at excise circle office, Thiruvananthapuram alleging commission of the offence punishable under Section 20(b)(ii)(c) of the NDPS Act. It may be noticed that A5 in Crime No. 14/2018 is A1( Shajimon) in Crime No. 19/2018 and other accused, i.e. Rajesh is A3. The case of prosecution is that on 25th October, 2018 at about 5.45 PM at Aristo Junction, Thiruvananthapuram, accused respondent (ShajimonA1) along with two other persons including A3( Rajesh) were found to be in possession of 1.800 kg of hashish oil. They were ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at negation of bail is the rule, and its grant is an exception under Section 37(1)(b)(ii) of the NDPS Act. For granting bail, the Court must, on the basis of the record produced before it, be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offences with which he has been charged, and further he is not likely to commit any offence while on bail. 12. Learned senior counsel further submits that the conditions for granting bail, specified in Section 37(1)(b)(ii) are in addition to the limitations provided under the CrPC, or any other law for the time being in force regulating the grant of bail. Liberal approach in the matter of bail under the NDPS Act is uncalled for. In support of his submission, learned senior counsel has placed reliance on the judgment of the threeJudge Bench of this Court reported in Satpal Singh Vs. State of Punjab 2018(13) SCC 813. 13. Per contra, Mr. R. Basant, learned senior counsel for the respondents, while supporting the order passed by the High Court impugned in the proceedings submits that in Crime No. 14/2018, accused nos. 1 to 4 were granted postarrest bail by the High Court vide Orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led for by this Court. 17. It may be noticed that Hashish oil is shown at Sl. No. 13 in the notification dated 19th October, 2001 issued by the Central Government in exercise of power under Section 2(viia) and (xxiiia) of the NDPS Act. Hashish oil above 1 kg is commercial quantity. 18. The jurisdiction of the Court to grant bail is circumscribed by the provisions of Section 37 of the NDPS Act. It can be granted in case there are reasonable grounds for believing that accused is not guilty of such offence, and that he is not likely to commit any offence while on bail. It is the mandate of the legislature which is required to be followed. At this juncture, a reference to Section 37 of the Act is apposite. That provision makes the offences under the Act cognizable and nonbailable. It reads thus: 37. Offences to be cognizable and nonbailable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years. Therefore, in order to effectively control and eradicate this proliferating and booming devastating menace, causing deleterious effects and deadly impact on the society as a whole, Parliament in its wisdom, has made effective provisions by introducing this Act 81 of 1985 specifying mandatory minimum imprisonment and fine. 8. To check the menace of dangerous drugs flooding the market, Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37, namely, (i) there are reasonable grounds for believing that the accused is not guilty of such offence; and (ii) that he is not likely to commit any offence while on bail are satisfied. The High Court has not given any justifiable reason for not abiding by the aforesaid mandate while ordering the release of the respondent-accused on bail. Instead of attempting to take a holistic view of the harmful socioeconomic consequences and health hazards which would accompany trafficking illegally in dangerous drugs, the court should implement the law in the spirit with which Parliament, after du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents that they have been falsely implicated in Crime No. 19/2018 for the reason that the batch-mates of the excise official, Babu Varghese was convicted in the corruption case on the trap being laid down by the respondent Shajimon( A1) is only a conjecture of self-defence, and no inference could be drawn of false implication, more so when in Crime No. 19/2018 and 14/2018, charge-sheets have been filed after investigation and the matter is listed before the learned trial Judge for framing of the charge where the accused respondents certainly have an opportunity to make their submissions. 25. That apart, in the application which was filed before the learned Single Judge of the High Court by the appellant under Section 482 CrPC, the learned Single Judge has also prima facie accepted that error has been committed in granting bail to the accused respondents as observed in para 16 of the impugned judgment as under: On going through the orders granted on 10.5.2019 allowing bail applications of A1 and A3 on the one hand and 5th accused on the other hand in NDPS crime Nos. 19/2018 and 14/2018 respectively, I find that the bail was granted by the Court after being cogni ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
