Court Identifies Material Change in Circumstances": High Court Grants Second Bail to Accused in N.D.P.S. Act Case

In a recent ruling, the High Court of Judicature at Allahabad, Lucknow Bench has granted bail to Prem Paudel, who was accused under various sections of the Narcotic Drugs & Psychotropic Substances Act. The Hon'ble Mohd. Faiz Alam Khan, J., delivered the decision on October 4, 2023.

The bail has been granted in Paudel's second application after his initial bail application was rejected in May 2022. The Court cited "material change in circumstances" as a significant factor for reconsidering his bail application. "Detention of more than 6 years in this case and the release of the identically placed co-accused person namely Sita Nepali, in the considered opinion of this Court, are sufficient ground to infer material change in circumstances since rejection of first bail application," the Court noted in its observations.

Defense Counsel Piyush Kumar Singh argued that there had been a lack of compliance with the Section 50 of the NDPS Act, affecting the arrest and recovery process. He also highlighted the duration of Paudel's detention and the release of a similarly situated co-accused, Sita Nepali, as changes warranting the approval of the second bail application.

However, the counsel for the opposite party, Akhilesh Kumar Awasthi, opposed the bail application stating that Paudel's first bail application had already been rejected on merits and also pointed out that Paudel is a Nepali citizen, making it difficult to secure his presence for trial.

Despite opposition, the Court allowed the bail application with specific conditions, including the non-tampering with prosecution evidence and sincere cooperation in the trial. The Court also stated, "Presence of the applicant may also be secured before the trial court by placing adequate conditions/restrictions."

The ruling emphasizes that its observations are solely for the purpose of this bail application and should not be construed as a comment on the merits of the case.

Date of Decision:  4.10.2023

Prem Paudel vs Union Of India Thru. Intelligence Office N.C.B.