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BELA M. TRIVEDI, PRASANNA B. VARALE
State of Jharkhand – Appellant
Versus
Sunny Kumar @ Sunny Kumar Sao – Respondent
JUDGMENT
1. Leave granted.
2. The present appeal is directed against the impugned judgment and order dated 24.11.2022, passed by the High Court of Jharkhand at Ranchi in B.A. No. 9276 of 2022, whereby the High Court had allowed the said application filed by the respondent-accused seeking bail in connection with Case No. 231 of 2022, registered at Police StationSadar, District- Chatra, Jharkhand for the offence punishable under Section-18 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘the NDPS Act’).
3. It is sought to be submitted by the learned counsel appearing for the appellant-State that after the release of the respondent-accused on bail, vide the impugned order dated 24.11.2022 passed by the High Court, the respondentaccused was involved in another case under the NDPS Act, and was also arrested for the same on 12.07.2023. He also submitted that the trial in respect of the present appeal, has already commenced and only three witnesses have remained to be examined.
4. However, the learned counsel appearing for the respondent-accused submitted that the recovery of the alleged contraband was not of commercial quantity and it was only of an intermediate quantity, a
Grant of bail – An undeserving bail granted to a habitual drug offender can be cancelled.
The impugned order is unsustainable as it does not consider the statutory mandate of Section 37 of the NDPS Act.
(1) Bail – Recording of satisfaction on twin conditions under Section 37 of NDPS Act is mandatory and not merely directory.(2) Constitutional right under Article 21 and special provision of law under....
The court established that the presence of prior drug-related offenses and the potential for reoffending are significant factors in determining bail eligibility under the NDPS Act, even when the quan....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
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