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SWARANA KANTA SHARMA
Anuj Kumar Upadhyay – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
1. By way of the present application under Section 439 of Code of Criminal Procedure, 1973, the petitioner seeks grant of regular bail in case FIR bearing no.111/2016 registered under Sections 20/25/29 of the NDPS Act, 1985 at Police Station Crime Branch, Delhi.
2. Briefly stated, as per the case of prosecution, on receipt of secret information on 05.07.2016, SI Jai Prakash was informed that one Daya Shankar Rai @ Shankar Yadav, who is residing in Molarband Extention, Badarpur Border, Delhi and is a permanent resident of Bihar, procures ganja from Odisha via Moradabad, UP, and traffics the same along with his associate namely Anuj, who is a taxi driver. He was also informed that they will traffic ganja from Moradabad, UP in taxi of Anuj having Regn. No. DL-1YE-6453, at around 8:45 AM to 9:15 AM, near Railway track Bhairo Marg, Pragati Maidan, Delhi. The said information was reduced into writing, a team was deployed near the place of information, and at the instance of the secret informer, two persons namely Anuj Kumar Upadhyay, aged about 30 years, and Daya Shankar, aged about 42 years were apprehended with Taxi no DL-1YE 6453, at about 6.00AM. A formal search of both the a
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act, making bail the exception in cases involving the recovery of commercial quantity of narcotic ....
Under Section 37 of the NDPS Act, bail can only be granted when there are reasonable grounds for believing the accused is not guilty and will not commit further offenses while on bail.
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
The recovery of commercial quantity of ganja and the framing of charges under Section 29 of NDPS Act attracted the bar under Section 37, and therefore, no ground for grant of bail was made out.
Prolonged incarceration and lack of witness examination can justify granting bail under the NDPS Act, despite the stringent conditions imposed by Section 37.
The court emphasized the cumulative conditions for bail under the NDPS Act, requiring reasonable grounds for believing the accused is not guilty and not likely to re-offend.
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