2008 (5) TMI 654 - SC - Customs

Whether the effect of Section 37 of Narcotic Drugs and Psychotropic Substance Act 1985 has not been noticed by either the Trial Court or the High Court?

Summary

Issues:
Challenge to judgment granting bail to respondent by Single Judge of Gauhati High Court, Imphal Bench, upholding order passed by Learned Special Judge, NDPS, Manipur in Crl. Complaint case no.32 of 2000.

Detailed Analysis:

1. Background:
The appellant received information about a Tata truck carrying ganja, intercepted the vehicle, and recovered 6 packets of ganja. The respondent was arrested under the Narcotic Drugs and Psychotropic Substance Act, 1985. Bail was granted to the respondent by the Special Judge, which was challenged in the High Court.

2. Section 37 of the Act:
Section 37 of the Act makes certain offences non-bailable, including those punishable under specific sections. Bail can only be granted if the Public Prosecutor has an opportunity to oppose it and the court is satisfied that the accused is not guilty and will not commit any offence while on bail. The Trial Court and High Court did not consider the implications of Section 37.

3. Precedents and Case Law:
Various judgments were cited to emphasize the importance of Section 37 in granting bail under the NDPS Act. Cases like Union of India v. Gurcharan Singh and Narcotics Control Bureau v. Karma Phuntsok highlighted the mandatory nature of Section 37 and the need for the court to hear the Public Prosecutor before granting bail.

4. Analysis of Previous Cases:
The judgments of Union of India v. Abdulla and Collector of Customs v. Ahmadalieva Nodira stressed the necessity for the court to establish reasonable grounds for believing the accused is not guilty and will not commit further offences while on bail. Failure to adhere to these requirements renders the bail order unsustainable.

5. Conclusion:
The Trial Court and High Court failed to consider the provisions of Section 37 while granting bail to the respondent. As per the established legal precedents and the mandatory nature of Section 37, the order granting bail was unsustainable and was set aside by the Supreme Court. The appeal was allowed, emphasizing the importance of following the legal requirements for granting bail under the NDPS Act.