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W. DIENGDOH
Lily Sitlhou – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
W. DIENGDOH, J.
1. This is an application under Section 439 Cr.P.C for grant of bail in favour of Miss Neimercy Singsit, who was arrested on 04.05.2023 in connection with Nongpoh P.S. Case No. 51 (05) 2023 under Section 21(b)/29 NDPS Act.
2. The FIR was lodged before the Officer-in-Charge, Nongpoh Police Station on 03.05.2023. The informant is the I/C Byrnihat Police Outpost, Ri-Bhoi District. From the body of the FIR, what could be seen is that the informant has stated that on 02.05.2023, on receipt of telephonic information regarding a person named Shri. Promod Chettri who is travelling from Guwahati to Shillong and who is suspected to be carrying some drugs consignment on the vehicle approaching the road opposite Byrnihat Police Outpost, it was accordingly stopped for checking after all formalities as required under the NDPS Act, was complied with. It is further stated that 4(four) soap boxes containing substances suspected to be heroin were seized from the said vehicle, and on being tested, the same was confirmed to be heroin. Accordingly, the driver of the vehicle Shri. Promod Chettri was arrested and Nongpoh P.S. Case No. 51 (05) 2023 under Section 21(b)/29 NDPS Act w
The court ruled that in drug trafficking cases involving intermediate quantities, lack of direct evidence linking the accused to the contraband can justify granting bail.
A prima facie case was established against the accused for possession of contraband, and ignorance of its contents did not warrant bail under the NDPS Act.
Bail should not be punitive; it is granted based on the presumption of innocence, with consideration of the accused's health and lack of incriminating evidence.
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.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
The court can relax bail provisions under Section 37 of the NDPS Act for first-time offenders even if the quantity is above the commercial threshold, considering procedural deficiencies.
Bail under the NDPS Act necessitates proof of innocence and no risk of reoffending, reflecting the serious societal impact of drug-related crimes.
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