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MRIDUL KUMAR KALITA
Nazrul Islam – Appellant
Versus
State of Assam – Respondent
Under Section 37 of the NDPS Act, the law sets stringent requirements for the arrest, search, and seizure related to offences under the Act. The primary purpose of this section is to safeguard the rights of individuals by ensuring that any action taken by authorities is justified and supported by sufficient grounds.
Specifically, Section 37 stipulates that a person can be arrested without a warrant only if there are reasonable grounds to believe that they are involved in an offence punishable with a minimum term of imprisonment of ten years or more. Furthermore, the section emphasizes that such arrests should be made only after obtaining prior approval from a competent authority, especially when the investigation involves serious offences under the Act.
The section also mandates that any search or seizure must be conducted in accordance with established procedures, with proper authorization and within the bounds of legality. This includes recording the reasons for arrest and search, ensuring that the rights of the accused are protected throughout the process.
In the context of the case summarized earlier, the court’s finding that the arrest was illegal aligns with the requirements of Section 37, as the arrest lacked prior approval and was made without sufficient grounds or evidence. The absence of a formal charge sheet or incriminating evidence at the time of arrest further underscores the importance of adhering to procedural safeguards outlined in the NDPS Act, particularly those aimed at preventing arbitrary or unlawful detention (!) .
ORDER :
1. Heard Mr. S. Dutta, learned senior counsel, assisted by Mr. P. Kotaki, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam.
2. This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Nazrul Islam, who has been detained behind the bars since 04.02.2024 (for last 3 months 9 days) in connection with Special NDPS Case No. 70/2023 corresponding to the Bajaricherra P.S. Case No. 126/2023 under Section 22(c)/25/29 of the NDPS Act, 1985 pending in the Court of learned Special Judge, Karimganj.
3. The gist of the accusation in this case is that on 13.06.2023, one S.I. Pranab Mili, SI of Police and In-charge of Churaibari Police Watch Post, had lodged an FIR before the Officer-In-Charge of Bajaricherra Police Station, inter- alia, alleging that during daily naka checking duty at Naka check point of Churaibari Watch Post at National Highway No. 8, three trucks bearing Registration Nos.WB 11D 4702, WB 29B 5386 and NL 01A F0300, coming together from Guwahati side towards Tripura were signalled to be stopped and were searched and during search operation 93,9
The court established that an arrest without evidence and without prior leave for further investigation is illegal, emphasizing strict adherence to procedural requirements.
Bail under NDPS Act requires the accused to demonstrate reasonable belief of innocence and no likelihood of re-offending; these conditions are cumulative and must be satisfied.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
In cases of prolonged detention pending trial, especially with procedural deficiencies, the personal liberty of the accused must be prioritized, warranting the granting of bail.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
Non-compliance with Article 22(1) vitiates arrest, but acknowledgment of grounds by the accused undermines this claim; prolonged custody does not negate statutory bail restrictions under NDPS Act.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
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