Delhi HC: Courts Need to be Mindful of the Legislative Intent Behind the NDPS Act while Granting Bail in Such Offences

Mar19,2022 #Delhi High Court #NDPS Act
NDPS ACT,1985 Law Insider

Tanvi Pilane

Published on: March 19, 2022 15:20 IST

Justice Chandra Dhari Singh of the Delhi High Court recently stated that the Legislative intent behind Passing the Narcotic Drugs and Psychotropic Substances (NDPS) Act needs to be kept in mind by Courts while granting Bail in such matters.

The High Court was hearing a Case in which the Applicant of the Bail was found to be in Possession of Poppy Husk and was also Accused of being a Supplier. Information about the Location of the warehouse where the substance was stored was received by the Police. On Raiding the warehouse, the Police found 975.5 Kilograms of Poppy Straw in the Applicant’s Possession.

The Applicant was declared a Proclaimed Offender on June 7, 2019, in the present Case. On March 20, 2021, he Surrendered in Court and was Arrested. Various charges under Narcotic Drugs and Psychotropic Substances (NDPS) Act were framed by a Special Narcotic Drugs and Psychotropic Substances (NDPS) Judge for Contraband in Poppy Straw, Abetment, and Criminal Conspiracy. Following this, the Applicant sought Bail from the Delhi High Court.

The Applicant argued before the High Court that he had no connection with the Alleged Offence and the only incriminating Evidence against him was the Disclosure Statements of two Co-Accused and the Statement of the owner of the house from where the Recovery was made.

The High Court observed that unless the following twin conditions prescribed under Section 37(1) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act had been met, Bail for Offences involving Commercial Quantity could not be granted.

The conditions include:

A. Hearing the Public Prosecutor; and

B. Satisfaction of the Court based on Reasonable Grounds that the Accused is not Guilty of the Offence and that he is likely to not Commit an Offence of a similar nature.

The Court then noted that Courts must be conscious about the Mischief that is sought to be curbed by the Act and the consequences that might occur if the Accused is granted Bail. It needs to be ascertained that the person so released will not Commit an Offence while being on Bail.

The Court held that since the conditions for the grant of Bail had not been met, there was no merit in the Application.

Also Read- Important Provisions of NDPS Act, 1985

No leniency to Accused guilty under NDPS Act: Supreme Court

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