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TMI Blog2015 (12) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... under its Section 37. The other learned Judge has declined bail applying Section 37 even in those cases where it was admittedly not attracted. With utmost humility and respect at our command, both the views are erroneous in law and cannot withstand the settled legal proposition. None of these orders can be treated as persuasive or binding precedents. In the light of the above discussion and on consideration of the facts and circumstances of the case in hand, it emerges that (i) though no recovery was effected from the petitioner in the case FIR No.56 dated 15.05.2013 but the said case pertains to an offence involving ‘commercial quantity’ hence Section 37 would be attracted; (ii) it is difficult and premature to believe that the petitioner is not guilty of the offence, for he is alleged to be an active member of drug-mafia; (iii) Owing to his past conduct, namely, involvement in NDPS cases in the States of Maharashtra and Rajasthan, it is not possible for this Court to be satisfied that he is not likely to commit any offence while on bail; (iv) the chargesheet has since been filed and the case is ripe for prosecution evidence; (v) this Court is inclined to issue comprehensive d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved as an associate of Jagdish Singh @ Bhola and was instrumental in the preparation of ICE from the precursors procured from their associates like Jagjit Singh Chahal and Paramjit Singh Chahal. (5) The petitioner was arrested on 29.01.2014 in another case FIR No.241 dated 07.12.2013 under Section 21/22/25-A/61/85 NDPS Act read with various provisions of IPC registered at Police Station, Patiala. As per the allegations in that FIR, 10kg Pseudoephedrine and 750gm intoxicating powder was recovered from the petitioner. (6) Meanwhile, his name surfaced in this case also hence production warrants were obtained and after interrogation, the petitioner was arrested in this case as well. (7) The petitioner was meanwhile granted bail by this Court in FIR No.241 dated 07.12.2013 vide order dated 21.01.2015 (P1). (8) The petitioner seeks bail in this case as well inter alia on the following grounds:- (i) He is not named in the FIR; (ii) No intoxicant material has been recovered from him in this case as he was already in custody in FIR No.241 dated 07.12.2013; (iii) The petitioner has been falsely implicated on the basis of alleged disclosure statement made by a co-ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (13) The contention that Section 37 of NDPS Act would not apply unless the accused has been found in actual physical conscious possession of the illicit drug of commercial quantity , is wholly misdirected and misconceived. The said provision opens up with a non-obstante clause and irrespective of the broader view taken under the Code of Criminal Procedure, it mandates that a person accused of an offence punishable under Section 19, 24 or 27- A and also for offences involving commercial quantity is not entitled to bail unless the Court is satisfied that there are reasonable grounds to believe that (a) he is not guilty of such offence; and (b) he is not likely to commit any offence while on bail. (14) The mandatory conditions prescribed in sub-clause (ii) are applicable equally in a case where the person is accused of an offence involving commercial quantity . The expression and also bring such person at par with a violator of Sections 19, 24 or 27-A to attract these conditions. (15) The expression involve is of wide amplitude and it means to connect with something as a natural or logical consequence or effect. Its applicability cannot be narrowed down only to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... code of civility and orderly society; Liberty is indeed a salutary human right. It is a non-negotiable fundamental right guaranteed under Article 21 of our Constitution: Liberty is antagonist to suppression. It is also complimentary to the rule of law: Liberty vociferously promotes numerous other fundamental and human rights like freedom of speech and expression. (20) So much invaluable is liberty, yet it is not absolute. It comes at a price and is conditional. It embraces a person if he is a law abiding citizen. Liberty in that sense is a mutually agreed and reciprocable right. The one who goes straight is entitled to this priceless gift but the one who goes stray surely loses it and pay the price. Equal respect for each other s rights is the sine qua non to enjoy liberty . (21) Hon ble Supreme Court, in a catena of decisions, more recently in Neeru Yadav vs. State of UP, (2014) 14 Scale 59, has very eloquently and forcefully recognized the right of liberty within the meaning of Article 21 of the Constitution as a priceless treasure for a human being. In fact, liberty has been held to be a basic natural right . (22) A person accused of committing offence falling under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while on bail? (26) As regards the second condition that a person accused of the offences mentioned in sub-clause (b) is not likely to repeat himself, if released on bail, the first and foremost consideration will be his past track record. If the person has the history of involvement in illicit drug cases, the presumption would be that in all probabilities, he will re-connect himself and resume such illegal activities. On the contrary, if a person has no such shady history and has his roots in the society; his family has a decent reputation; if his day to day affairs can be well controlled by his family or peers and his activities are not beyond the reach of surveillance, coupled with several other attending circumstances on case-to-case basis, the Court can form its satisfaction that the suspect is not likely to commit any such offence while on bail. Similarly, the nature of allegations leveled against the accused and the manner he has been connected with the case can also assist the Court in view-formation. If a person is found in conscious possession of the contraband of commercial quantity and the allegations do indicate his involvement in the drug trafficking, nothing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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