IMPORTANT POINTS
Bail application – Alleged non-compliance of Section 41B of Cr.P.C. – Such technicalities in cases of such nature does not entitle accused to get benefit under NDPS Act, when charged with offences of commercial quantity of Narcotics.

ORDER

The present application for bail is moved on the ground of non compliance of Section 41B of the Cr.P.C.

2. The following orders of Co-ordinate Bench of this Court granting Bail on such ground of non compliance of Section 41B Cr.P.C. by the arresting officer have been relied upon:—

(i) Order dated 13.01.2023 in CRM (NDPS) 447 of 2022.

(ii) Order dated 31.01.2023 in CRM (NDPS) 452 of 2022.

(iii) Order dated 31.01.2023 in CRM (NDPS) 448 of 2022.

3. It is submitted by the learned prosecutor that in a case of such nature (NDPS), the persons apprehended are very reluctant to disclose, the name and address of the family members, near relatives or friends as they do not want them to get involved in such cases and more so that such offences are not within the knowledge of their family members, near relatives and friends, and this makes it very difficult to fill the columns as required under Section 41B Cr.P.C.

4. It is seen that taking advantage of such laches on the part of the arresting officer/investigating officer, the accuseds in such heinous crimes towards society (NDPS) are being released on Bail.

5. Cases of such nature (herein NDPS) not only destroy a person life, his family but also future generation. Such offences have far reaching effect in the society and should be dealt with all seriousness.

6. The following orders granting bail in similar cases have also been relied upon by the petitioner:—

(i) Order dated 04.11.2022 in CRM (NDPS) 293 of 2022.

(ii) Order dated 07.11.2022 in CRM (NDPS) 311 of 2022.

(iii) Order dated 07.11.2022 in CRM (NDPS) 280 of 2022.

(iv) Order dated 10.02.2023 in CRM (NDPS) 128 of 2023.

(v) Order dated 10.11.2022 in CRM (NDPS) 358 of 2022.

7. Ld. APP stresses upon Section 37 of the NDPS Act stating that the Act is a special statute and the provisions under the Act are very stringent and specific to the offences under the Act. He relies upon the following decisions:—

(i) Union of India vs. Ram Samujh and Anr., (1999) 9 SCC 429, on August 30, 1999. Wherein the Court held:—

“The legislative mandate contained in the statement of Objects and Reasons for introducing Bill No. 125 of 1988 which culminated in the incorporation of the amended Section 37 has to be adhered to and followed. In a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims, who are vulnerable; it causes deleterious effects and a deadly impact on the society, they are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. To check the menace of dangerous drugs flooding the market, Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37(1) (b) are satisfied. The High Court has not given any justifiable reason for not abiding by the aforesaid mandate while ordering the release of the respondent-accused on bail. Hence, the High Court’s order has to be set aside.”

(ii) Union of India vs Ajay Kumar Singh alias Pappu, 2023 SCC OnLine SC 346, on March 28, 2023. Wherein it was held:—

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4. 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 (in short ‘the NDPS Act’), Police Station-D.R.I., Varanasi.

5. The respondent-accused has been directed to be released on bail by the impugned order keeping in mind the larger mandate of Article 21 of the Constitution of India in the light of the decision of this Court passed on 11.07.2022 in Satender Kumar Antil v. Central Bureau of Investigation in SLP(Crl.) No. 5191 of 202