2020 0 Supreme(All) 528
IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH, J.
Vinay Kumar Mishra – Appellant
Versus
Union of India Thru. Its Zonal Director – Respondent
Bail No. 10163 of 2019
Decided on : 24-07-2020
Point of Law:
Court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the Court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the Court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Criminal Law – Narcotic drugs and Liquior – Narcotic Drugs & Substances Act – Sections 8, 20, 29, 60 (3), 50 – Pre-trial bail application – It is alleged that on basis of information given by Zonal Director of Narcotics Control Bureau to complainant that Ganja in huge quantity is being transported hidden in a concealed cavity in Truck and is moving from Chhatisgarh and would be reaching Faizabad via Akbarpur Road – Instant pre-trial bail application has been moved by applicant who has been charged under Sections 8/20/29/60 (3) of the Narcotic Drugs & Substances Act, P.S. NCB – Held, On perusal of the aforesaid provision, it would be clear that no person who is accused of an offence punishable under Section 19, 24 or 27 A and also for offences involving commercial quantity shall be released on bail or his own bond unless the Public Prosecutor had been given an opportunity to oppose the bail application and where the Public Prosecutor opposes the bail application, the Court is required to satisfy itself that it has reason to believe that the applicant is not guilty of such offence and that he is not likely to commit the offence while on bail – Court at this stage prima facie for purpose of this bail application is unable to form required satisfaction that there are reasonable grounds for believing that applicant is not guilty of offence and hence this Court cannot persuade itself to acceed to prayer of applicant for being enlarged on bail – Application Rejected (Paras 51, 52)
Facts of the case:
Case of the prosecution that both the persons were briefed about the legal provisions of Sections 50 of the NDPS Act before they were searched. They were informed separately of their rights including the right to be searched before a Magistrate or a Gazetted officer. Upon the request of the applicant and the other co-accused the search was conducted in presence of a Gazetted Officer Sri Mohd. Nawab, Superintendent of NCB, Lucknow and nothing incriminating was found from their possession.
Findings of the court:
Perusal of the aforesaid provision, it would be clear that no person who is accused of an offence punishable under Section 19, 24 or 27 A and also for offences involving commercial quantity shall be released on bail or his own bond unless the Public Prosecutor had been given an opportunity to oppose the bail application and where the Public Prosecutor opposes the bail application, the Court is required to satisfy itself that it has reason to believe that the applicant is not guilty of such offence and that he is not likely to commit the offence while on bail – Court at this stage prima facie for purpose of this bail application is unable to form required satisfaction that there are reasonable grounds for believing that applicant is not guilty of offence and hence this Court cannot persuade itself to accede to prayer of applicant for being enlarged on bail.
Result: Application Rejected
Act Referred :CRIMINAL PROCEDURE CODE : S.439NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.8, S.20, S.29, S.60(3), S.50, S.67, S.42, S.42(2), S.37, S.35, S.42(1), S.2(viii), S.2(viiib), S.2(xxiv), S.2(xxviii), S.35, S.18, S.37(1)(b)(ii)
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