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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
YOGENDRA KUMAR PUROHIT
Goma Ram, S/o. Karna Ram – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
ORDER :
YOGENDRA KUMAR PUROHIT, J.
"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, and
(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) o
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 ....
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.
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 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.
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 court emphasized that bail under the NDPS Act requires satisfaction of stringent conditions, particularly in cases involving commercial quantities of narcotics.
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
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 commit further offences.
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