Bail in NDPS Case - “Gross Violations of Legal Procedures Under NDPS Act”- Cal. HC

In a landmark decision that underscores the importance of procedural integrity, the High Court at Calcutta’s Circuit Bench in Jalpaiguri has granted bail to Abdul Rakib. The court pointedly noted that there was “non-compliance of Section 42(1) and (2) of the NDPS Act,” thereby setting a precedent for strict adherence to legal procedures. [Page 5]

Abdul Rakib had been in custody since August 28, 2022, following his arrest under Sections 22©/25/28/29 of the N.D.P.S. Act, 1985. The prosecution claimed that a significant quantity of Yaba tablets was recovered from a truck and implicated Rakib in the case.

However, the defense successfully argued that Rakib was neither the driver nor the owner or a co-passenger of the truck. The court further scrutinized the nature of the vehicle, stating, “Prima facie, it appears that the vehicle belongs to an individual owner, is classified as a goods service vehicle and is not meant for public use or transportation.” [Page 3]

The court’s ruling hinged on the lack of procedural compliance by the authorities. “Our view is strengthened by the fact that the NDPS Act is a special legislation entailing several statutory restrictions against grant of relief. Hence, the obligation cast on the officers must strictly be construed,” the court observed. [Page 6]

As a result, Abdul Rakib has been granted bail upon furnishing a bond of Rs. 20,000, along with two sureties, subject to specific conditions.

This judgment serves as a critical reminder of the judiciary’s role in ensuring that legal procedures are not just a formality but a cornerstone of justice, particularly in cases involving stringent laws like the NDPS Act.

 Date of Decision: August 25, 2023

Abdul Rakib  vs The State of West Bengal