2007 (3) TMI 832 - HC - Indian Laws

Summary

Issues Involved:
1. Application for bail u/s 439 Cr.P.C. read with Section 37 of the ND & PS Act, 1985.
2. Involvement of the accused in the alleged offence.
3. Comparison with co-accused who was granted bail.
4. Applicability of Section 37 of the ND & PS Act, 1985.
5. Legislative intent and judicial discretion in granting bail under the ND & PS Act.

Summary:

1. Application for Bail u/s 439 Cr.P.C. read with Section 37 of the ND & PS Act, 1985:
The petitioner filed an application for bail for his son, Laishram Surajkumar Singh, who was arrested in connection with a criminal complaint involving contraband Ganja. The application was previously rejected by the Special Court.

2. Involvement of the Accused in the Alleged Offence:
The petitioner argued that his son was not involved in the offence and was merely the driver of the vehicle transporting grocery items. The prosecution contended that the accused admitted his guilt and was involved in transporting the contraband Ganja.

3. Comparison with Co-Accused Who Was Granted Bail:
The petitioner's counsel argued that the co-accused, Thokchom Somi Singh, was granted bail and thus the petitioner's son should also be granted bail. The prosecution countered that the co-accused was granted bail on medical grounds, which is not applicable to the petitioner's son.

4. Applicability of Section 37 of the ND & PS Act, 1985:
The court emphasized that Section 37 of the ND & PS Act imposes stringent conditions for granting bail, requiring the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail.

5. Legislative Intent and Judicial Discretion in Granting Bail under the ND & PS Act:
The court highlighted that the legislative intent behind the ND & PS Act is to curb drug trafficking and that mere filing of a charge sheet does not entitle the accused to bail. The court must be convinced that the accused is not guilty and will not commit any offence while on bail.

Conclusion:
The court rejected the bail application, stating that the conditions under Section 37 of the ND & PS Act were not satisfied. The court noted that the accused was detained with the contraband Ganja and that the legislative mandate must be followed. The court also clarified that the rejection of the bail application does not bar the petitioner from approaching the appropriate court on other grounds.