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RUDRA PRAKASH MISHRA
Raju Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
The present application i.e. Cr. Misc. No. 15800 of 2025 was filed for grant of bail to the petitioner in connection with Muffasil P.S. Case No. 13 of 2025 registered for the offences under Section 8(B) and 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘N.D.P.S. Act’). In the present case, 0.19 gram smack and 6.56 gram ganja were recovered which admittedly fall under the ambit of small quantity but F.I.R. was registered under Section 21(c) of the N.D.P.S. Act, although it ought to have been registered under Section 21(a) of the N.D.P.S. Act as recovery is below small quantity. Prima facie, this Court was of the view that offence under Section 21(a) of the N.D.P.S. Act is bailable in nature, as such, the petitioner ought to have been granted bail by police itself, however, petitioner was not granted bail by the police and the learned Sessions Judge has also rejected the bail of the petitioner. Thus, this Court vide order dated 20.03.2025 granted bail to the petitioner but for better appreciation of provisions of law, posted the matter for today. Later, Cr. Misc. No. 18113 of 2025, which is similar to the present matter, was also directed to be listed
The court confirmed that prima facie evidence is sufficient to justify custodial interrogation in drug offence cases, highlighting the serious nature of charges under the NDPS Act.
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
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....
Court has to interpret provisions contained in Sections 36-A and 37 of NDPS Act collectively so as to give “force and life” to intention of legislature behind inserting Section 36-A(3) in the Act.
The stringent conditions of Section 37 under the NDPS Act require that an accused must demonstrate reasonable grounds for believing they are not guilty for bail eligibility, particularly concerning c....
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
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