K.T.THOMAS, M.B.SHAH
Union Of India – Appellant
Versus
Ram Samujh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The jurisdiction of courts to grant bail in cases involving offences under the NDPS Act is strictly governed by Section 37 of the Act. Bail can only be granted if there are reasonable grounds to believe the accused is not guilty and that the accused is not likely to commit any offence while on bail (!) (!) .
The NDPS Act makes offences punishable and non-bailable, with specific restrictions on releasing an accused on bail during trial, especially when the offence carries a punishment of five years or more (!) (!) (!) .
The legislative intent behind these provisions is to prevent the release of drug offenders, who are considered a serious threat to society due to the deleterious effects of narcotic drugs and psychotropic substances, and the large stakes involved in illegal trafficking (!) (!) .
The law emphasizes that the conditions for granting bail, namely that there are reasonable grounds to believe the accused is not guilty and that they will not commit further offences, must be strictly adhered to. A cryptic or non-reasoned order for bail is not permissible (!) .
The law aims to control and eradicate the menace of drug trafficking, which has serious social, health, and economic consequences, and mandates that courts should follow the legislative mandate to ensure that bail is granted only under the specified conditions (!) (!) (!) (!) .
Any order granting bail in violation of these provisions can be set aside, and the accused should be directed to surrender if the conditions for bail are not met (!) .
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Judgment
Shah, J.-Leave granted.
2. As respondent No. 1 has not engaged any counsel, the Registry was directed to appoint an advocate as amicus curiae. We have heard the learned counsel for the parties. Only question involved in this appeal is whether the order passed by the High Court of Judicature at Allahabad, Lucknow Bench, granting bail to the respondent No. 1 Ram Samujh Yadav requires to be set aside on the ground that the High Court ignored the provisions of Section 37 of the Narcotic Drugs and Psychotropic 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 21st 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 11th 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 20th August, 1998 which is extracted below :-
“The applicant is in jail since 22.5.1997 and trial has not concluded.
Applican
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