2012 (9) TMI 501

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s observed as under:-   "Considering the facts that all accused in this case are charged for offence under Section 9-A read with Section 25- A and 29 of NDPS Act and co-accused have already been granted bail. Since rigour of Section 37 NDPS Act is not applicable to the facts of the present case, applicant-accused Hemant Kumar is also admitted to bail on furnishing personal bond in the sum of Rs.25,000/- with one surety each in the like amount. Bail application stands disposed of accordingly." (emphasis supplied) 2. Learned counsel for the petitioner states that as the respondent is alleged to have been found in possession of a controlled substance, Section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for sho....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the entire factual matrix, it is not possible for this Court to record satisfaction that there are reasonable ground to believe that the petitioner is not guilty of the offences for which he has been charged and that he is not likely to commit any offences while on bail. Therefore, the petitioner cannot be granted bail in view of provisions of Section 37(i)(b) of NDPS Act also." 4. Sections 2(viid), 9A, 25A and 37(1) of the NDPS Act are reproduced hereinbelow:- "2. Definitions.-In this Act, unless the context otherwise requires,-- xxx xxx xxx (viid) "controlled substance" means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of nar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail." (emphasis supplied) 5. A combined reading of Sections 37, 2(viia) and 2(viid) of NDPS Act, prima facie indicate that Section 37 is not in relation to the controlled substance. 6. Even in the reply filed by the Customs Department before the Special Judge, NDPS, New Delhi, it has been admitted in para 4 that Section 37 of the NDPS Act is not applicable to the present cas....