Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs Psychotropic Substances |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 & ss.2(viia), (xxiiia), 20(b)(ii)(c), 29 – Scheme of s.37 – In Crime No.14/2018, accused persons (A1 to A3) were found in joint possession of 10.202 kgs of hashish oil and currency notes worth Rs. 13,50,000/- – Allegation against the accused respondent-A5 was that he entrusted hashish oil to A1 through A-2 for sale in international market – Additional Sessions Judge rejected A5’s application for post-arrest bail – Granted by High Court – Further, in Crime No.19/2018, case of prosecution is that accused respondent- A1 (who is A5 in Crime No.14/2018) along with two other persons including A3 were found to be in possession of 1.800 kg of hashish oil – Post -arrest bail of both the accused was dismissed by Sessions Judge – Granted by High Court – On appeal, held: Hashish oil is shown at Sl. No. 13 in notification dtd. 19.10.01 issued by Central Government in exercise of power u/s.2(viia) & (xxiiia), NDPS Act – Hashish oil above 1 kg is commercial quantity – Jurisdiction of Court to grant bail is circumscribed by provisions of s.37, NDPS Act – Scheme of s.37 reveals that the exercise of power to grant bail is not only subject to the limitations contained u/s.439, CrPC, but is also subject to the limitation placed by s.37 which commences with non-obstante clause – Operative part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the Act, unless twin conditions are satisfied – First condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the Court must be satisfied that there are reasonable grounds for believing that person accused is not guilty of such offence – High Court completely overlooked the underlying object of s.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 – Single Judge failed to record a finding mandated u/s.37, NDPS Act, a sine qua non for granting bail to the accused under NDPS Act – Further, the consideration that prevailed upon the Court to grant bail to the other accused persons (in Crime No.14/2018) will not absolve the act of the accused respondent-A5 from the rigour of s.37, NDPS Act – Impugned order passed by the High Court releasing the respondents on bail is set aside – Code of Criminal Procedure – s.482. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2020 INSC 88 |
Petitioner | State Of Kerala Etc. |
Respondent | Rajesh Etc. |
SCR | [2020] 3 S.C.R. 348 |
Judgement Date | 2020-01-24 |
Case Number | 154 |
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