Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – ss. 27A, 37, and 21(b)/29 – Rigours of provisions of s. 37 relating to grant of bail – Inapplicability – Cocaine, a contraband drug, recovered from a motorcar with three occupants – Respondent accused of offences u/ss. 21(b)/29/27A – Accusation against respondent pertaining to offence u/s. 27A that he along with other co-accused hatched criminal conspiracy to implicate two occupants of the motorcar under the NDPS Act out of personal grudge – Prosecution alleged that respondent got the contraband procured after making payment for the same and then got it planted in the vehicle occupied by the three persons – Having been arrested, the respondent filed bail application – Trial Court rejected the bail application – Respondent approached High Court – High Court held that the restriction of s. 37 would not apply to this case and the respondent, who was in custody, qualified for grant of bail with stringent conditions – On appeal, held: The story of planting of contraband in the vehicle in question by some third person could only be disbelieved, for being squarely contrary to the initial case of the prosecution, as stated in the written complaint – Once the veracity of prosecution case against the respondent is in serious doubt, further analysis on the other factors about financing the drug trafficking and harbouring of offender need not be undertaken because, when story of planting of contraband is removed out of consideration, all other factors by which respondent was sought to be connected with such alleged planting could only be regarded as false and fanciful, at least at this stage – In the facts and circumstances, the High Court rightly found that applicability of s. 27A was seriously questionable in this case – That being the position; and there being otherwise no recovery from the respondent and the quantity in question being also intermediate quantity, the rigours of s. 37 do not apply to the present case – The past history of the respondent and even his conduct in relation to the processes concerning the present case give rise to a few questions but, the strong countervailing factor in the present case is the prima facie indication that he was being sought to be framed by concoctions and baseless stories – Another factor noticeable was that respondent was not involved in any NDPS Act case or any akin offence in the past – Further, nothing of any contraband article was recovered from respondent or from any place under his exclusive control – This factor further adds on to the doubt as to whether the respondent had at all been indulgent in narcotics or any contraband – That being the position, the view as taken by the High Court cannot be said to be an altogether unacceptable or impossible view of the matter – Also, apart from the stringent conditions already imposed by the High Court, it is always open for the prosecution to seek imposition of any further condition or even to seek cancellation of the bail granted to the respondent, in case of any fault on his part in due adherence to the conditions already imposed – No reason for interference in order passed by High Court granting bail to the respondent with specific conditions – Bail. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 691 |
Petitioner | State Of West Bengal |
Respondent | Rakesh Singh @ Rakesh Kumar Singh |
SCR | [2022] 14 S.C.R. 538 |
Judgement Date | 2022-07-11 |
Case Number | 923 |
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