TMI Blog2022 (1) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... ail become similar to the offence regular statutes. While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused - The petitioner is not entitled to bail, looking at the previous criminal history. However, the petitioner s counsel had sought bail also on medical grounds. The State did not dispute the critical medical condition of the petitioner. It has been argued that the petitioner is a severe diabetic patient with swelling on his left leg, which may result in its amputation, and he wants to get treatment at his efforts. Given the nature of allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within 10 days from today and inform the Investigator about the compliance. However, subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 4. While opposing the bail, the contention on behalf of the State is that drug menace is increasing every day, and the accused has criminal antecedents and is likely to repeat the offence after his release on bail. REASONING: 5. The quantity allegedly involved is 100 grams of heroin, which is less than the commercial quantity as per the notification issued under Section 2 (viia) and (xxiiia) of the Narcotics Drugs and Psychotropic Substances Act. Given this, the rigours of S. 37 of the NDPS Act do not apply in the present case. 6. Section 2 (vii-a) of the NDPS Act defines commercial quantity as the quantity greater than the quantity specified in the schedule. Section 2 (xxiii-a) defines small quantity as a quantity less than the quantity specified in the table of the NDPS Act. The remaining quantity falls in an undefined category, generally called an intermediate quantity. All Sections in the NDPS Act, which specify an offence, also mention the minimum and maximum sentence, depending upon the quantity of the substance. The commercial quantity mandates a minimum sentence of ten years of imprisonment and a minimum fine of Rupees One hundred thousand, and bail is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused was earlier cautioned not to indulge in criminal activities. Otherwise, the bail bonds shall continue to remain in force throughout the trial and after that in terms of Section 437-A of the Cr.P.C. 12. The possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative and stringent conditions. In Sushila Aggarwal, (2020) 5 SCC 1, Para 92, the Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions. 13. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and on the medical grounds mentioned above, the petitioner makes a case for bail, subject to the following terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973. 14. Provided the accused is not required in any other case, the petitioner shall be released on bail in the FIR mentioned above, subject to furnishing a personal bond of Rs. Ten thousand (INR 10,000/-), and shall furnish one sure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along with the arms license to the concerned authority within 10 days from today and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case. 21. Within 10 days from today, the petitioner shall mention details of all assets, held either individually or jointly, including bank balances, fixed deposits, DEMAT Accounts, to the Investigator. 22. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands. 23. In case the petitioner finds the bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or dele ..... X X X X Extracts X X X X X X X X Extracts X X X X
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