NDPS bag-possession search case: bail u/s18 challenged for failing s.37 twin conditions; bail cancelled, surrender ordered.

Grant of bail for an offence punishable under s.18 of the NDPS Act was examined for compliance with the mandatory restrictions in s.37. The SC held that the HC's inference that it was "unnatural" for the accused to continue holding the bag during search was unexplained and legally untenable, and that mere reference to s.37 without applying its twin conditions and the CrPC parameters vitiated the order. The SC further held that a second bail application without any change in circumstances amounts to an impermissible review in criminal law. Consequently, the bail order was set aside, bail bonds were cancelled, and the accused was directed to surrender and be taken into custody pending trial.

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Issues involved: Bail application under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Summary:
The Supreme Court granted leave to appeal in a case where the respondent-accused was apprehended with opium, leading to a bail application rejected by the trial court and subsequently granted by the High Court. The appellant-State argued that the High Court erred in granting bail, disregarding Section 37 of the Act, which deems offences under the Act as cognizable and non-bailable. The Court noted that the purpose of the Act is to combat drug trafficking, emphasizing that bail is generally denied for offences punishable with imprisonment of five years or more, unless certain conditions are met.

Referring to previous judgments, the Court highlighted that bail provisions are stringent under the Act, with exceptions for specific offences. In this case, the High Court judge granted bail based on personal observations of the accused's conduct during arrest, which the Court found unjustified. The Court emphasized that successive bail applications must show changed circumstances, as seeking bail without such changes amounts to seeking a review of the earlier decision, which is impermissible in criminal law.

Ultimately, the Supreme Court held that the High Court's order granting bail disregarded the Act's provisions and bail conditions under the Code of Criminal Procedure, rendering it unsustainable. The appeal was allowed, the impugned order was set aside, and the accused was directed to surrender, with his bail bonds canceled and to be taken into custody for the trial of the charged offence.

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