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TMI Blog2002 (12) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... se No. 24 of 2000 on the file of the Sessions Judge, for Narcotic Drugs and Psychotropic Substances, Bangalore City. The petitioner seeks bail on medical ground as well as on the ground of delay that trial is not concluded even after a lapse of 3 years. 3. Sri Hasmath Pasha, learned Counsel appearing for the petitioner confines his arguments to grant bail on medical grounds without reference to merits or delay in conclusion of the trial. 4. Sri Urval N. Ramanand, Special Public Prosecutor for Central Government, filed detailed objections and opposed to grant bail. 5. The contentions raised by the parties give rise to a serious and an interesting question of law regarding the limitations and the powers of High Court to grant bail un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of Sections 36-A(3) and 37 of the NDPS Act and Section 439 of the Cr. P.C., are adverted and discussed succinctly about the combined effect of the said provisions with regard to powers of High Court to grant bail. 7. Sri Hasmath Pasha, relied on the ruling of the Supreme Court in Usmanbhai Dawoodbhai Memon's case, supra, contends that the said decision, although rendered with reference to the provisions of TADA. The Supreme Court however elucidated the position of law that the power of the designated Court to grant bail, to an accused under the TADA Act, if in custody, is derived from the Code and not from Section 20(8) of the TADA Act, 1987 and Section 20(8) should be read only as a limitation qualifying the power to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S Act makes a drastic departure from the conventional cannons of burden of proof of prima facie case against the accused on the prosecution even at the stage of bail. In respect of the offences under the NDPS Act, the onus is on the accused to prove the innocence/non-complicity in order to secure bail. The restrictions in Section 37 relates to prima facie material regarding the guilt of the accused. The powers of High Court to grant bail under Section 439 are quite wide and discretionary. Notwithstanding a prima facie case of guilt, under exceptional circumstances, the High Court in its discretion can grant bail. The embargo placed under Section 37 of the NDPS Act operates only when the Court is considering the bail application on merits. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Deputy Commissioner of Police, Special Branch, Delhi) v. Jaspal Singh Gill, 1984CriLJ1211 contends that the medical ground pleaded does not offer sufficient excuse for the petitioner to seek bail. In the said decision despite the fact that the accused had undergone cardiac operation, the Supreme Court observed that the prison authorities will make necessary/proper arrangements to provide the required treatment to the accused. Under the peculiar circumstances, the Supreme Court found that it is not desirable to grant bail in the national interest and also made observations that the prison authorities could provide him required treatment. 12. In the present case, the medical reports are produced. The petitioner is suffering from serious he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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