2013 (5) TMI 841 - HC - Customs

High Court cancels bail under NDPS Act for non-compliance with Section 37 provisions. Public Prosecutor's role crucial.

The High Court canceled the bail granted to an accused under the NDPS Act due to non-compliance with Section 37 provisions, emphasizing the stringent ... no bail can be granted or considered unless Public Prosecutor has been given an opportunity to oppose the bail application. Court will have to satisfy that there are reasonable grounds believing that accused is not guilty of such offence and that the accused will not commit such offence, if bail is granted. Issues Involved:Granting bail under NDPS Act without following Section 37 provisions.Detailed Analysis:The case involves the arrest of an accused for possessing narcotic drugs and psychotropic substances. The accused was granted bail by the Special Judge due to the non-apprehension of another accused, a Nigerian resident, making the trial time-consuming. The Union of India filed a revision petition challenging this bail order under Section 439(2) and Section 482 of the CrPC.The petitioner argued that the bail order ignored the mandatory provisions of Section 37 of the NDPS Act and failed to apply judicial mind, requesting the cancellation of bail. On the other hand, the respondent contended that the lower court's order was appropriate and should not be interfered with.Upon reviewing the impugned order, the High Court noted that the bail was granted based on the uncertainty of the other accused's arrest, causing a delay in the trial process. However, the Court emphasized the importance of Section 37 of the NDPS Act, which mandates specific conditions for granting bail, including the Public Prosecutor's opportunity to oppose bail and the court's satisfaction of the accused's innocence and non-likelihood of committing further offenses while on bail.Citing relevant case law, the Court reiterated that bail under the NDPS Act is an exception, and denial is the rule, emphasizing the stringent conditions set by Section 37. The Court found the bail order contrary to Section 37 provisions, leading to its cancellation. The accused was directed to surrender within three days for further trial proceedings, emphasizing that the trial should proceed independently without influence from the cancellation of bail.In conclusion, the revision petition was allowed, and the impugned bail order was canceled. The Court directed the registry to send the case record back to the lower court along with a copy of the judgment and order promptly.