Summary
The High Court granted anticipatory bail in a case involving a commercial quantity of ganja without applying the mandatory Section 37 NDPS Act conditions or addressing the accused’s antecedents. The Court set the order aside and directed the accused to surrender.
Issues
- Whether anticipatory bail could be granted for alleged offences involving a commercial quantity under the NDPS Act without recording the satisfaction required by Section 37.
Provisions considered
- Section 37, Narcotic Drugs and Psychotropic Substances Act, 1985When the prosecutor opposes bail for an offence involving commercial quantity, the court must find reasonable grounds to believe the accused is not guilty and is unlikely to commit an offence while on bail. (¶ 8-12)
- Section 438, Code of Criminal Procedure, 1973The High Court’s anticipatory-bail order was set aside because it did not comply with Section 37 NDPS Act. (¶¶ 2, 8-17)
Held
- For a bail application, including anticipatory bail, involving a commercial quantity, where the prosecutor opposes release, the court must record the satisfaction required by Section 37(1)(b) NDPS Act. (¶ 8-12)
- The High Court did not record that satisfaction and failed to consider the commercial quantity and the accused’s antecedents. Its cryptic order, including an unrelated payment condition, could not stand. (¶ 6-15)
Result
The appeal was allowed and anticipatory bail was set aside. The accused was directed to surrender before the trial court within ten days.