Supreme Court Sets Aside High Court's Bail Order, Emphasizes Conditions for Granting Bail in Narcotic Drugs Case

In a significant ruling, the Supreme Court of India has set aside the bail order passed by the High Court of judicature at Allahabad in a case involving offenses under the Narcotic Drugs and Psychotropic Substances Act, 1985. The apex court, in its judgment delivered by Justice Pankaj Mithal, emphasized the conditions that need to be satisfied for granting bail in cases related to narcotics offenses.

The respondent-accused, Ajay Kumar Singh @ Pappu, had been released on bail by the High Court, taking into consideration the larger mandate of Article 21 of the Constitution of India. However, the Supreme Court held that the High Court had failed to consider Section 37 of the NDPS Act, which lays down the conditions for granting bail in offenses involving commercial quantities of narcotics.

Justice Pankaj Mithal, in the judgment, stated, "No person accused of an offense involving trade in commercial quantity of narcotics is liable to be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offense and that he is not likely to commit any offense while on bail."

The Supreme Court further highlighted that the role of the respondent-accused, alleged to be the kingpin and organizer of the illicit trade in ganja, was different from that of the driver and helper who had already been granted bail. The Court noted the antecedents of the accused, including his involvement in similar crimes in the past.

Taking these factors into account, the Supreme Court concluded that the High Court had erred in granting bail to the respondent-accused. Consequently, the Court set aside the bail order and allowed the appeal filed by the Union of India.

This judgment serves as a reminder of the stringent conditions that must be satisfied for granting bail in cases involving offenses under the Narcotic Drugs and Psychotropic Substances Act, 1985. The ruling emphasizes the need to consider the nature of the offense, the role of the accused, their antecedents, and the likelihood of committing further offenses while on bail.

D.D-28.March 2023

UNION OF INDIA   VS AJAY KUMAR SINGH @ PAPPU