TMI Blog2021 (3) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... pseudoephedrine. Section 37 of the NDPS Act stipulates that no person accused of an offence punishable for offences under Section 19 or Section 24 or Section 27A and also for offences involving a commercial quantity shall be released on bail, where the public prosecutor opposes the application, unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail . The judgment and order of the High Court dated 28 July 2020 suspending the sentence of the respondent shall stand set aside and the respondent shall surrender forthwith to the sentence - Appeal allowed. - Criminal Appeal No 257 of 2021 - - - Dated:- 2-3-2021 - HO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehest of a foreign national, by the co-accused who was an employee of the respondent. The respondent himself is a proprietor of the courier agency which had accepted the parcels initially for booking from the foreign national. 5 The Special Judge, after considering the entirety of the evidence on the record, came to the conclusion that the offence stood established as against the respondent, but the benefit of doubt was granted to the co-accused on the ground that he was only an employee who was acting at the behest of the respondent. An appeal has been filed before the High Court of Delhi by the respondent. While considering the application for suspending the sentence, the learned Single Judge recorded the following submissions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the appeal on his furnishing a personal bond in the sum of ₹ 50,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty Magistrate, subject to the following further conditions: (i) The appellant will not leave NCT of Delhi without prior permission of the Court. (ii) The appellant shall appear before the Court as and when the appeal is taken up for final hearing. (iii) In case of change of address, the appellant shall promptly inform the same to the concerned IO as well as to the Court. 7 Mr Aman Lekhi, learned Additional Solicitor General appearing on behalf of the appellant, submits that the provisions of Section 37 of the NDPS Act contain stringent requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndergone about four years and four months of imprisonment and the High Court having exercised its discretion to grant bail, a case for interference has not been made out. 9 While considering the rival submissions, we must at the outset advert to the manner in which the learned Single Judge of the High Court has dealt with the application for suspension of sentence under Section 389(1) of CrPC. The offence of which the respondent has been convicted by the Special Judge arises out of the provisions of Sections 23(c) and 25A of the NDPS Act. The findings of the learned Special Judge which have been arrived at after a trial on the basis of evidence which has been adduced indicate that the respondent who was a proprietor of a courier agenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of sentence under Section 389 of the CrPC and grant of bail, post-conviction. In the earlier case there may be presumption of innocence, which is a fundamental postulate of criminal jurisprudence, and the courts may be liberal, depending on the facts and circumstances of the case, on the principle that bail is the rule and jail is an exception, as held by this Court in Dataram Singh v. State of U.P. and Anr. (supra). However, in case of post- conviction bail, by suspension of operation of the sentence, there is a finding of guilt and the question of presumption of innocence does not arise. Nor is the principle of bail being the rule and jail an exception attracted, once there is conviction upon trial. Rather, the Court considering an appli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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