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Issues involved:
The appeal against the rejection of bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 based on the application of Section 37 of the Act and the interpretation of proviso to sub-section (2) of Section 167 of the Code of Criminal Procedure. Bail Rejection based on Section 37 of the Act: The appellant's bail plea was rejected by the High Court in line with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, following the precedent set by the Supreme Court in the case of Narcotics Control Bureau vs. Kishan Lal and Others. The appellant's counsel argued that the statutory period for custody had expired as per proviso (a) to sub-section (2) of Section 167 of the Code, but the charge-sheet had been filed subsequently. The Court clarified that the right to be released on bail due to the failure to file a charge-sheet within the prescribed time is not indefeasible after the charge-sheet is filed, as established in previous judgments. Interpretation of Proviso to sub-section (2) of Section 167 of the Code: The appellant's counsel did not pursue the appeal on merit, contending that the City Sessions Judge should have found reasonable grounds to believe the appellant was not guilty under Section 37. The Court dismissed the appeal but directed for the expedited trial of the appellant. This judgment clarifies the application of bail provisions under the Narcotic Drugs and Psychotropic Substances Act, 1985, and the interplay with the Code of Criminal Procedure, emphasizing that the right to bail is not absolute and can be affected by the filing of a charge-sheet within the prescribed time limits.
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