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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JODHPUR
YOGENDRA KUMAR PUROHIT
Tarun @ Sushil S/o Shri Rajendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
"37. Offences to be cognizable and nonbailable:
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) —
(a) ------
(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 Prosecutor has been given an opportunity to oppose the application for such release.
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail."
11. It is evident from a plain reading of the non- obstante clause inserted in sub-section (1) and the conditions imposed in sub-section (2) of Section 37 that there are certain restrictions placed on the power of the Court when granting bail to a person accused of having committed an offence under the NDPS Act. Not only are the limitations imposed under Section 439 of the Criminal Procedure Code, 1973 to be kept in mind, the restrictions placed under clause (b) of sub-section (1) of Section 37 are
Bail under Section 37 of the NDPS Act requires judicial satisfaction of non-guilt and no risk of re-offending; prior criminal records heighten scrutiny.
The court must satisfy strict conditions under Section 37 of the NDPS Act before granting bail, including reasonable grounds for believing in the accused's innocence and likelihood of non-reoffending....
The court established that under Section 37 of the NDPS Act, bail can only be granted if the court is satisfied that there are reasonable grounds for believing the accused is not guilty and unlikely ....
while considering the bail petition despite the language employed in the section, court must develop a delicate balance between judgment of acquittal, conviction and bail and the provision should be ....
The court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The court emphasized that bail under the NDPS Act requires satisfying mandatory conditions, including reasonable grounds for believing the accused is not guilty and not likely to commit further offen....
The main legal point established in the judgment is the stringent parameters for granting bail under the NDPS Act, as prescribed by Section 37, and the court's need to be satisfied on reasonable grou....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to reoffend.
Bail under the NDPS Act requires satisfaction of twin conditions: the accused must not be guilty and not likely to commit further offences while on bail.
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