Denial of Bail to Accused in Offences Involving Commercial Quantity of Narcotics under NDPS Act : SC

In this criminal appeal, the Union of India has challenged the order passed by the High Court of judicature at Allahabad, allowing Criminal Miscellaneous Bail Application No. 21330 of 2022 and directing for the release of the respondent-accused on bail. The respondent-accused is alleged to be involved in Case No. 687/2021 arising out of Case No. 1/2021 under Sections 8/20/27-A/29/32 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The main issue before the Supreme Court is whether the High Court was justified in granting bail to the respondent-accused, given that he was involved in an offence involving commercial quantity of narcotics, and whether the court had followed the requirements of Section 37 of the NDPS Act, which lays down the conditions for granting bail in such cases.

The Court observed that the respondent-accused had not participated in the investigation and had avoided his arrest for more than one year whereupon he was arrested from a restaurant in Raipur. The background facts of the case reveal that the respondent-accused is the kingpin and the organiser of the illicit trade in ganja. It was found that several cases were pending against him, and he had been involved in similar crimes in the past.

The Court held that the High Court, in passing the impugned order of bail, had lost sight of Section 37 of the NDPS Act, which provides that no person accused of an offence involving commercial quantity shall be released on bail unless the twin conditions laid down therein are satisfied. Since the respondent-accused was involved in an offence involving commercial quantity of narcotics, the High Court was required to be satisfied that there were reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any such offence while on bail. However, the High Court had not recorded any such finding, and in the absence of such satisfaction, the Court held that the High Court manifestly erred in enlarging the respondent-accused on bail.

Therefore, the Court set aside the impugned order passed by the High Court of judicature at Allahabad and allowed the appeal.