VidhiSangh

Supreme Court of India · 11/07/2022

STATE OF WEST BENGAL versus RAKESH SINGH @ RAKESH KUMAR SINGH

[2022] 14 S.C.R. 538 · 2022 INSC 691

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Summary

Police stopped a moving car in Kolkata in February 2021 and, on the occupants pointing out the hiding places, seized 76 grams of cocaine; an FIR was registered against the three occupants under Sections 21(b) and 29 of the NDPS Act. The charge-sheet instead alleged that the respondent, a political figure with 53 criminal cases, had financed the cocaine and had it planted in the car by an associate to frame two occupants out of personal grudge, attracting Section 27A. The Calcutta High Court granted bail on stringent conditions, holding Section 37 inapplicable. The Supreme Court dismissed the State's appeal. The planting story was irreconcilable with the police complaint that a moving car was stopped and the occupants themselves showed where the drugs lay;

Issues

  1. Whether the rigours of Section 37 of the NDPS Act apply to an accused charged under Section 27A with financing illicit traffic and harbouring an offender, where nothing was recovered from him, the quantity was intermediate, and the prosecution case of planting contradicts the original police complaint.
  2. Whether the High Court's grant of bail on a prima facie assessment that the accused may not have committed the offence, despite his 53 criminal cases and alleged non-cooperation, was a possible view warranting no interference.

Provisions considered

Held

Result

State's appeal dismissed; the Calcutta High Court's order of 24.11.2021 granting bail on stringent conditions upheld, the observations being prima facie and confined to the question of bail without bearing on the trial.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 538.