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2020 Supreme(Mad) 344
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
The Superintendent, Narcotics Control Bureau, Chennai - Appellant
Versus
Mehul Bafna - Respondent
Crl.O.P. No. 7488 of 2020 & Crl.M.P No. 7807 of 2020
Decided On : 03-06-2020
For the Petitioner:N.P. Kumar, Special Public Prosecutor for NCB Cases. For the Respondent:Ar.L. Sundaresan, Senior Counsel, Vandana Raheja, Advocate.
The power to grant regular bail includes the power to grant interim bail under compelling circumstances, and the health condition of the accused and the impact of COVID-19 on the prison were considered in reaching the decision.
Headnote:
Criminal Original Petition - Cancellation of Bail - NDPS Act Section 8(C) r/w Section 22(C), 28 and 29 - Summary of Acts and Sections: The court discussed the provisions of Section 37 of the NDPS Act, the importance of considering the health condition of the accused, and the power to grant interim bail under compelling circumstances. The court also highlighted the impact of COVID-19 on the respiratory system and the rising cases in the prison.
Fact of the Case:
The petitioner filed a petition for cancellation of bail granted to the respondent, who was intercepted with LSD and subsequently arrested under Section 8(C) r/w Section 22(C), 28 and 29 of NDPS Act. The respondent filed multiple bail applications citing health grounds, and the final bail was granted due to deteriorating health condition and chronic spread of Covid-19 in the prison.
Finding of the Court:
The court found that the interim bail was granted considering the health condition of the respondent and the impact of COVID-19 on the prison, and therefore dismissed the Criminal Original Petition for cancellation of bail.
Issues: The main issue revolved around the grant of interim bail to the respondent based on health grounds and the impact of COVID-19, despite the provisions of Section 37 of the NDPS Act.
Ratio Decidendi: The court decided that the power to grant regular bail includes the power to grant interim bail, especially under compelling circumstances such as the health condition of the accused and the spread of COVID-19 in the prison.
Final Decision: The Criminal Original Petition for cancellation of bail was dismissed, and the connected miscellaneous petition was closed.
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C to cancel the bail granted to the respondent on 07.05.2020 in Covid 19 Bail Petition No.68 of 2020.)
1. The Superintendent of NCB, Chennai filed this petition for cancellation of bail granted by the learned Principal Special Judge NDPS & EC, Chennai in COVID-19 Bail Petition No.68 of 2020 dated 07.05.2020.
2. The averments made in the petition is that the investigation is in progress in R.R.No.16 of 2020. The respondent was intercepted with 1.83 grams of LSD and on summon, he admitted his offence and on the basis of the seized LSD and on the basis of the statement, he was arrested on 15.03.2020 under Section 8(C) r/w Section 22(C), 28 and 29 of NDPS Act.
3. The respondent filed a bail application and the same was dismissed by the Principal Special Court for E.C & NDPS Act Cases, Chennai on 03.04.2020 and subsequently, another bail petition was also dismissed on 20.04.2020 and for filing the present bail petition, the change of circumstances is that the respondent was admitted in prison hospital for treatment and hence, COVID-19, Bail Petition No.68 of 2020 was filed on 04.05.2020, counter was filed with objection stating that seized LSD is of commercial quantity Section 37 comes to play, without satisfying the consideration, the respondent is not entitled for bail, the learned Judge without considering the objection both on law and facts, granted bail on 07.05.2020 at about 8.05 p.m, against which the petitioner filed the above Crl.O.P No.7488 of 2020 for cancellation of bail and connected miscellaneous petition Crl.M.P No.7807 of 2020 to stay the bail order dated 07.05.2020.
4. The learned Special Public Prosecutor filed written submission and submitted that the officers of NCB mounted surveillance on 14.03.2020 at Ormes Road, Near Reliance Digital Shop, Kilpauk, Chennai-10 along with independent witness. At that time, one person came in Royal Enfield by name Aqueel Ahmed and handed over the cover to the respondent/accused. The respondent received the same, immediately, the officer surrounded him. On seeing the officer the person came in bike fled from that place. On enquiry, the respondent revealed his name as Mehul Bafna and his address. The officers after introducing themselves, explained the provisions of Section 50 of NDPS Act to the respondent which was declined by him. The respondent admitted that he is in possession of 1.83 grams of LSD which is a commercial quantity. Thereafter, mahazar proceedings were recorded. The respondent gave a voluntary statement under Section 67 of the Act, admitting that he is a drugs consumer due to bad circle of friends and he was introduced to Aqeel Ahmed in way of buying Ganja. The respondent has paid Rs.1 lakh to Aqeel Ahmed as loan during October 2019. In repayment, the said Aqueel Ahmed in turn gave LSD to clear off the loan. The respondent admitted that Aqeel Ahmed handed over the cover containing LSD. Thereafter, the respondent was arrested on 15.03.2020 at about 17.30 hrs. Prior to it, his house was searched and certain articles were seized and thereafter, the respondent was produced before the Magistrate on 16.03.2020.
5. The main contention of the learned counsel for the petitioner is that earlier bail application filed by the petitioner was dismissed by the lower Court on 11.04.2020, wherein the respondent had taken the ground of sickness and also threat of COVID-19. The Lower Court dismissed the bail application citing Section 37 of NDPS Act. That being so, the subsequent bail application filed by the respondent, how it is entertained when there is no change of circumstances and without analysing the documents i.e medical prescriptions dated 24.12.2019 and 14.03.2020 which were filed earlier in the first application and the medicine prescribed were for cold/flu, further medicines were prescribed for 3 to 5 days only. Hence, it is not a serious disease and there is a hospital in the Jail and Doctors are av
