1999 (8) TMI 950

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....ychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") as well as the law laid down by this Court. 3. It is alleged by the prosecution that on 21 May, 1997, a raid by the authorities of the Narcotic Department was carried out at the tubewell house of respondent No. 1 and 5 Kg of Opium was recovered. The Sessions Judge by the detail reasoned order dated 11 July, 1997 rejected the bail application after hearing Special Public Prosecutor (Narcotics) and considering the material on record. 4. The High Court granted bail by a cryptic order dated 20 August, 1998 which is extracted below: The applicant is in jail since 22.5.1997 and trial has not concluded. Applicant Ram Samujh is admitted to bail in case crime No. 15 of 97, u....

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....s not likely to commit any offence while on bail. (2) the limitations on granting of bail specified in Clause (b) of Sub-section (1) are in addition to the limitations under the CrPC, 1973 or any other law for the time being in force on granting bail. 6. The aforesaid Section is incorporated to achieve the object as mentioned in the Statements of Objects and Reasons for introducing the Bill No. 125/ 1988 thus: Even though the major offences are non-bailable by virtue of the level of punishment, on technical grounds, drug offenders were being released on bail. In the light of certain difficulties faced in the enforcement of NDPS Act, 1985 the need to amend the law to further strengthen it has been felt. 7. It is to be borne in mind that ....