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SUBODH ABHYANKAR
Baburam – Appellant
Versus
Union Of India – Respondent
ORDER :
Subodh Abhyankar, J.
1. They are heard. Perused the case diary / challan papers.
It is seen that in the cases involving the NDPS Act, almost all the times, varied decisions of the Supreme Court are cited by the parties, either allowing the bail or dismissing the same, and depending upon which judgement weighs in, the fate of the case is decided, either in favour or against the accused, resulting in inconsistency in the orders passed by this court. Hence, with a view to follow a consistent view, parties were directed to address on the issue of grant of bail in the cases involving the NDPS Act, by referring to the relevant case laws.
2. This is the fifth bail application under Section 439 of Criminal Procedure Code, 1973 (483 of Bhartiya Nagrik Suraksha Sanhita, 2023), as he is implicated in connection with Crime No.2/2022 registered at Police Station NCB, Mandsaur, District Mandsaur (MP) for offence punishable under Section 8/15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is lodged in jail since 15/03/2022.
3. His first bail bail application M.Cr.C. No.30104/2022 was dismissed as withdrawn on 02/12/2022, and last three applications viz.,
The court reaffirmed that bail under the NDPS Act requires strict adherence to Section 37(1)(b)(ii), emphasizing that health conditions alone do not justify bail in serious drug offenses.
The stringent provisions of Section 37 of the NDPS Act must be applied in cases where the convict/accused is unable to bring his case within the parameters of Article 21 of the Constitution of India.....
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 denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of personal liberty under Article 21.
Grant of bail – While considering application for bail made by accused involved in offence under NDPS Act liberal approach ignoring mandate under Section 37 of NDPS Act is impermissible.
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