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GAURANG KANTH, JOYMALYA BAGCHI
In Re : The Court on its own motion – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. establishing fact patterns for bail hearing (Para 1 , 2 , 3) |
| 2. rationale for issuing suo motu rule (Para 4) |
| 3. arguments regarding presence during raid (Para 5 , 6) |
| 4. court's power to cancel bail based on new facts (Para 7) |
| 5. limitations on reconsideration of bail orders (Para 8) |
| 6. final discharge of rule (Para 9) |
JUDGMENT :
1. During hearing of the bail application of Palas Chandra Sarkar this court issued a suo motu rule calling upon co-accused Atul Jaiswal to show cause why his bail may not be cancelled.
2. Factual matrix giving rise to the suo motu rule are as follows :
3. A group of NCB officials had received secret information that Om Narayan Gupta along with his associates Palas Chandra Sarkar and Atul Jaiswal were dealing in narcotic substance. After recording the said information the NCB officials proceeded to conduct raid at the residence of Om Narayan Gupta. In the course of raid, Om Narayan Gupta, Palas Chandra Sarkar and Atul Jaiswal were found in the house. A large consignment of cough syrup containing codeine phosphate and other narcotic substances were found unauthorizedly stored in one of the rooms. On the premise that Atul Jaiswal was not in the room
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
The granting of bail under the NDPS Act must strictly adhere to statutory requirements; mere absence of contraband possession does not negate the necessity for robust scrutiny of evidence against the....
The court ruled that a bail order confirmed by a higher court cannot be revoked by a co-ordinate bench without new evidence and proper procedures.
Parameters of bail available under Section 37 of NDPS Act are narrow--Length of period of custody or fact that charge-sheet has been filed and trial has commenced are by themselves not considerations....
The court reaffirmed that under the NDPS Act, bail should only be granted if satisfactory grounds exist for believing the accused is not guilty and unlikely to reoffend, emphasizing strict adherence ....
Strict adherence to the provisions of the NDPS Act is mandatory for granting bail, especially concerning commercial quantities of narcotics, as reiterated by the court's findings.
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