2013 (5) TMI 841

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....used Gideon Syiem on the ground that the other accused is yet to be apprehended and his arrest is time consuming. 2. Being aggrieved by the said impugned order, this instant revision petition has been moved by the Union of India under Section 439(2) and Section 482 CrPC. 3. Mrs. T Yangi, the learned counsel appearing for on behalf of the petitioner submits that, while granting bail, the Court has totally ignored the mandatory provision of Section 37 of the NDPS Act and has also failed to apply judicial mind. Hence, the impugned order dated 14.12.11 is bad in law, so bail may be cancelled. 4. On the other hand Mr. S Chakravarty, the learned counsel for respondent submits that the learned Court below has rightly passed the order and ....

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.... (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail." 7. On bare perusal of the said Section referred above, it is clearly understood that no bail can be granted or considered unless Public Prosecutor has been given an opportunity to oppose the bail application. Secondly, 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. 8. So, Section-37 of the NDPS Act entrusts secret/great responsibility upon the Court, it h....

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....NDPS Act should not be released on bail during trial unless mandatory conditions provided in Section 37, namely, i) there are reasonable grounds for believing that accused is not guilty of such offence; and ii) that he is not likely to commit while on bail." Crimes 1995 Vol. II (SC) Union of India vrs Thamisharasi & Ors. (Para- 11) is reproduced below : "The limitation on the power to release on bail in Section 437 Cr. P. C. is in the nature of a restriction on that power, if reasonable grounds exist for the belief that the accused is guilty. On the other hand, the limitation on this power in Section 37 of the N. D. P. S. Act is in the nature of a condition precedent for the exercise of that power, so that, the....