ANIRUDDHA BOSE, SANKAR ACHARYYA
Sarwan Ram @ Sarwan Singh Ram – Appellant
Versus
State of West Bengal – Respondent
Aniruddha Bose, J.
1. The petitioners in all these cases have been primarily accused of offence of being in possession of contraband articles under the provisions of The Narcotic Drugs and Psychotropic Substances Act, 1985 (the 1985 Act) beyond commercial quantity and are seeking bail pending their trial. In their petitions for bail, the petitioners question the legality of the process of search and seizure through which the contraband articles are alleged to have been recovered from them and they seek bail mainly on the ground that such search and seizure process are flawed. There is special provision restricting grant of bail to persons accused of offences under the 1985 Act. Such restrictions have been specified in Section 37 of the Act:-
“37. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) –
(a) Every offence punishable under this Act shall he cognizable;
(b) No person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless:-
(i) The Public Prosecuto
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