2021 Supreme(All) 583

IN THE HIGH COURT OF ALLAHABAD
MANJU RANI CHAUHAN, J.
Trishul Chandra Jaiswal – Appellant
Versus
Union of India – Respondent
Criminal Misc. Bail application No.7399 of 2019
Decided on : 30-07-2021

Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with

Headnote:

Indian Penal Code 1860- Section 304B - Code of Criminal Procedure 1973 – Section 439 – Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 8,20,27A,29,60,37,37(1)(b)(i)(ii),67,19,24,50 – Bail - Special powers of High Court or Court of Session regarding bail - Prohibition of certain operations - Neither applicant has been arrested from spot nor any intoxicating material has been recovered from his possession. Applicant has been falsely implicated and story has been built up by officers and official of NCB, STF Allahabad and the Police Station in order to only obtain appreciation from their superior authorities. The mandatory provisions of NDPS act has not been complied with in present case. Co-accused, has already been enlarged on bail by a Coordinate Bench of this Court vide order. The case of present applicant is more or less identical to that of the aforesaid co-accused. As such, present applicant may also be enlarged on bail- Applicant is in jail, considering the long period of detention as well as status of the trial which is not likely to be concluded in near future, applicant be enlarged on bail. The applicant has criminal antecedents of 13 cases but same have satisfactorily been explained in the affidavit accompanying the present bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail-whether there is reasonable ground for believing that the accused is not guilty of the offence(s) he is charged with and further that he is not likely to commit an offence under the said Act while on bail?

Finding of the Court - It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged - The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence - Court may, however, hasten to add that while considering an application for bail with reference to Section 37 of the NDPS Act, the Court is not called upon to record a finding of 'not guilty'. At this stage, it is neither necessary nor desirable to weigh the evidence meticulously to arrive at a positive finding as to whether or not the accused has committed offence under the NDPS Act. What is to be seen is whether there is reasonable ground for believing that the accused is not guilty of the offence(s) he is charged with and further that he is not likely to commit an offence under the said Act while on bail. The satisfaction of the Court about the existence of the said twin conditions is for a limited purpose and is confined to the question of releasing the accused on bail - None of the decisions cited can be said to have laid down any absolute and unconditional rule about when bail should be granted by the Court and when it should not. It all depends on the facts and circumstances of each case and it cannot be said there is any absolute rule that mere fact that accused has undergone a long period of incarceration by itself would entitle him to be enlarged on bail - As provision itself provides no person shall be granted bail unless two conditions are satisfied. They are; the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit any offence while on bail - With deep concern, we may point out that organised activities of underworld and clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of public, particularly adolescents and students of both sexes and menace has assumed serious and alarming proportion in the recent years - Persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to number of innocent young victims, who are vulnerable: it causes deleterious effects and deadly impact on the society; they are a hazard to society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reason may be large stake and illegal profit involved.

Result : Application rejected