9911796707
TMI Blog2008 (5) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... Tata truck bearing registration No.MN-5113 carrying ganga would be proceeding from Imphal area towards Guwahati in the early hours of 18.1.2000. It was immediately reported by the appellant to its superior officer i.e. Superintendent, NCB, RU, Imphal, who issued order to the appellant to take necessary action. The appellant along with other members of staff of the NCB led by the Superintend kept vigil along the Imphal- Ukhrul road and started checking of vehicles. Around 7.00 a.m. on 18.1.2000 a Tata truck was seen approaching the road. The said vehicle was intercepted and stopped by the appellant. The vehicle was occupied by a driver (the respondent herein) and one Purna Bahadur handyman. The vehicle, the accused and the handyman were bro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready signed. He may be allowed the respondent to remain on bail in order to enable him to have adequate consultation with the lawyer of his choice. 3. Learned counsel for the appellant submitted that the parameters of Section 37 have not been kept in view by the trial Court and High Court. Learned counsel for the respondent supported the order. 4. Section 37 of the Act reads as follows: "37. Offences to be cognizable and non-bailable. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - (a) Every offence punishable under this Act shall he cognizable; (b) No person accused of an [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thamisharasi clause (b) of sub-section (1) of Section 37 imposes limitations on granting of bail in addition to those provided under the Code. The two limitations are: (1) an opportunity to the Public Prosecutor to oppose the bail application, and (2) satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. 7. The limitations on granting of bail come in only when the question of granting bail arises on merits. Apart from the grant of opportunity to the Public Prosecutor, the other twin conditions which really have relevance so far as the present accused-respondent is concerned, are: the satisfaction of the court t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for grant of bail was rejected by the Special Judge by assigning reasons therefor. Further application being made to the High Court of Judicature at Allahabad, the High Court without considering the mandatory requirement of Section 37 of the Act and without coming to the prima facie conclusion that there was no material against the respondent to convict him for the charges alleged against him mechanically proceeded to grant the bail. This Court in the case of Supdt., Narcotics Control Bureau v. R. Paulsamy (2000) 9 SCC 549, has held that in matters arising out of the Narcotic Drugs and Psychotropic Substances Act grant of bail is controlled by Section 37 of the Act and it is mandatory for the Court to hear the Public Prosecutor and come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed the granting of bail it must be presumed that this is an order covered under Section 37(3) read with Section 439 CrPC. To say the least, the argument appears to be baseless. We cannot accept the contention that in a matter involving seizure of commercial quantity of a substance prohibited by the NDPS Act when the Public Prosecutor appears on notice of the bail application he would be standing there as a mute spectator not opposing the bail application unless he was at the beck of the accused. We find no substance in this argument. In our view, the very fact that the Public Prosecutor appeared would suggest that he appeared to oppose the bail application. In any event, the order of the High Court does not suggest that the Public Prosecu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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