The stringent conditions under Section 37 of the NDPS Act must be satisfied for granting bail, particularly in cases involving serious narcotic offences.

Order :

1. This second application for bail under Section 439 Cr.P.C . has been filed by the petitioner who has been arrested in connection with F.I.R. No.196/2022 registered at Police Station Rawatsar, Dist. Hanumangarh, for the offences under Sections 8/15 and 25 of NDPS Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Having gone through the case file, this Court prima facie finds that as per the prosecution, on 22.04.2022, the SHO of Police Station Rawatsar, District Hanumangarh along with his team during routine patrolling of an area falling in his jurisdiction, saw a suspicious tractor trolly and car parked near a room. Upon seeing police personnel, three persons tried to flee away from the place of incident. The police personnel however, successfully nabbed two persons, and one of them disclosed his name as Sonu Kumar S/o Shri Atmaram (the present petitioner).

4. During search of the offending vehicle and room, contraband (poppy husk/straw) weighing 6 Quintal and 55 Kgs was recovered from total 33 plastic bags. The petitioner and co-accused were arrested on the spot.

5. This Court is conscious of the judgment rendered by Hon’ble Apex Court in Narcotics Control Bureau Vs. Mohit Agarwal reported in 2022 SCC OnLine SC 89 , wherein it was held that the length of incarceration is by itself not a consideration and that can be treated as a persuasive ground for granting relief under Section 37 of the NDPS Act. He thus prays that the present petitioner may not be enlarged on bail.

6. On a careful perusal of the case file, this Court prima facie finds that contraband greater than commercial quantity has been recovered from the conscious and exclusive possession of the present petitioner. In the prima facie opinion of this Court, the twin condition enumerated under Section 37 of NDPS Act are not satisfied in the present case.

7. In the opinion of this Court, if an accused is involved in criminal cases of serious nature, the Court should not be in a position to record a satisfaction in favour of the accused that there are reasonable grounds for believing that the accused is not guilty of the offences charged or would not commit any offence while on bail. Section 37 of the NDPS Act imposes stringent conditions for granting bail to the accused persons for the offences under the Act as the possibility of accused involving/repeating the crime of trade of Narcotics cannot be rule out in such cases. It is also to be noticed that trial against the petitioner has already started and therefore, looking to his criminal record, in case, he is enlarged on bail, the possibility of his influencing the prosecution witnesses or fleeing away from justice cannot be ruled out at this stage.

8. Consequently, the second bail application filed on behalf of the petitioner is rejected.