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2021 Supreme(Bom) 371

SARANG V.KOTWAL
Rhea Chakraborty – Appellant
Versus
Union of India, Through Intelligence Officer, Narcotics Control Bureau, Mumbai – Respondent


Advocates Appeared:
For the Applicant : Mr. Satish L. Maneshinde a/w. Anandini Fernandes, Namita Maneshinde & Nikhil Maneshinde.
For the Respondents: Mr. Anil C. Singh, Additional Solicitor General a/w. Sandesh Patil, Shreeram Shirsat, D.P. Singh, Amogh Singh, Aditya Thakkar, Pavan Patil, Ms. Apurva Gupte, Chintan Shah, Mayur Jaisingh, Mr. Swapnil S. Pednekar, A.P.P.

Judgement Key Points

Based on the provided legal document, the classification of the offences under the NDPS Act indicates that all offences under this Act are generally non-bailable. The provisions of the NDPS Act, particularly after amendments, explicitly state that offences punishable under the Act shall be cognizable and non-bailable, with stringent conditions for grant of bail. The law emphasizes that the offences are serious and require careful judicial scrutiny before bail can be granted, especially when involving larger quantities or specific offences such as those under Section 27A or involving commercial quantities.

Furthermore, the specific conditions for bail under Section 37 of the NDPS Act require the court to be satisfied that there are reasonable grounds for believing the accused is not guilty and that they are not likely to commit any offence while on bail. The Act's language and amendments reinforce that all offences under the NDPS Act are non-bailable unless exceptional circumstances are established, and the court's satisfaction is a prerequisite for granting bail.

In summary, the offences under the NDPS Act are generally considered non-bailable, and bail is granted only under strict conditions and after careful judicial consideration of the specific facts and circumstances of each case.


ORDER :

1. This is an application for bail preferred by the Applicant in connection with C.R. No.16/2020 registered with the Narcotics Control Bureau, Mumbai (hereinafter referred to as “NCB”) for the offences punishable under Sections 8(c) read with 20(b)(ii), 22, 27A, 28, 29 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”). The Applicant was arrested on 8.9.2020.

2. I have heard this application along with Bail Applications (Stamp) No.2184/2020, 2201/2020, 2205/2020 & 2387/2020. Since all these Applications involve common questions of law and since all these questions were raised and argued in this application, I am treating this application as the lead application in this group for deciding the questions of law. Therefore, the submissions advanced on the questions of law in other applications are also incorporated in this order.

3. I have heard Mr. Satish L. Maneshinde, learned Counsel for the Applicant in present application and also for the Applicant in Bail Application (St.) No.2387/2020, Mr. Taraq Sayed, learned Counsel for the Applicant in Bail Application (St.) No.2184/2020, Mr. Rajendra Rathod, learned Counsel for th

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