Granting anticipatory bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is a “very serious” issue and “unheard of”, the Supreme Court said Today (Sept 19). Bench was hearing a plea filed by an accused seeking regular bail in a case lodged for alleged offences under provisions of NDPS Act in Bengal. Court directed the WB govt to consider whether the state proposes to file an application seeking cancellation of anticipatory bail granted to four accused in a case.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: The Supreme Court, on Thursday, expressed strong concerns over the granting of anticipatory bail in cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
A bench headed by Justice B.R. Gavai, along with Justices Aravind Kumar and K.V. Viswanathan, underscored the gravity of the matter, calling the granting of such bail “very serious” and “unheard of” under the provisions of the NDPS Act.
The bench was hearing a plea from an accused seeking regular bail in a case lodged in West Bengal for alleged violations under the NDPS Act. The court directed the West Bengal government to consider filing an application for the cancellation of the anticipatory bail granted to four co-accused in the same case.
The bench, while issuing a notice to the state of West Bengal regarding the bail plea, postponed the hearing for four weeks. The petitioner’s counsel informed the court that four of the six accused had been granted pre-arrest (anticipatory) bail, while one was out on regular bail. Surprised by this, the bench remarked,
“In NDPS matter, anticipatory bail? In NDPS matter, anticipatory bail is unheard of.”
The court also hinted at a possible review of the anticipatory bail granted to the co-accused.
“We can issue notice (on the plea) and direct the state to file an application for cancellation of the anticipatory bail granted to the co-accused,”
-the court observed.
Recognizing the seriousness of granting anticipatory bail in NDPS cases, the bench emphasized,
“Grant of anticipatory bail in an NDPS matter is a very serious issue. We, therefore, direct the state to consider whether it proposes to file an application for cancellation of the anticipatory bail granted to the co-accused.”
The petitioner had challenged a July 2023 order by the Calcutta High Court, which had dismissed his application for regular bail. The case was initially lodged in October 2023. In its order, the High Court highlighted the presence of contraband, stating,
“The samples that were sent to FSL have tested positive indicating that the materials seized from the petitioner are contraband.”
Additionally, the High Court’s decision to deny bail was influenced by the large quantity of illegal substances involved.
“In view of commercial quantity of ‘ganja’ being involved and keeping in mind the restrictions in section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner at this stage,”
-the High Court had stated.
This development underscores the strict stance the judiciary is taking on cases involving the NDPS Act, especially concerning the unprecedented granting of anticipatory bail in such serious matters.
Click Here to Read Previous Reports on NDPS Act
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
