Conditional Liberty Cannot Override Statutory Embargo in NDPS Cases Involving Commercial Quantity: Bail Dismissed: Gauhati High Court
In a significant ruling, the Gauhati High Court, presided over by Honourable Mr. Justice Robin Phukan, has declined the bail application of Vinod Bijarnia, accused in a narcotic drugs case. This decision, dated 18th November 2023, accentuates the strict stance of the judiciary in matters involving commercial quantities of narcotics under the NDPS (Narcotic Drugs and Psychotropic Substances) Act.
The case, filed under Sections 21(C)/29 of the NDPS Act, revolves around the alleged transportation of Phensedyle, a Codeine-based cough syrup, in commercial quantities. Bijarnia, who has been in custody since November 17, 2021, sought relief under Section 439 of the Code of Criminal Procedure, 1973.
In his detailed observation, Justice Phukan stated, “In view of the nature and gravity of the offence and the punishment prescribed for the same, this Court is of the opinion that this is not a fit case to grant the privilege of bail under Section 439 of the Cr.P.C. to the accused.” This comment underscores the court’s strict interpretation of the law when it comes to narcotics-related offences.
The defence argued for bail citing a delay in trial and reliance on inadmissible evidence under Section 67 of the NDPS Act. However, the prosecution countered that the trial delay was not significant, with the first witness already examined. The court acknowledged the gravity of the offence and referenced several Supreme Court rulings, emphasizing stringent conditions for granting bail under the NDPS Act in cases involving commercial quantities of narcotics.
In its verdict, the court also directed the lower court to expedite the trial, aiming to complete it within three months, ensuring justice is not delayed. This decision aligns with the court’s approach to balance the need for a speedy trial with the seriousness of the offence.
Date of Decision: 18.11.2023
VINOD BIJARNIA VERSUS UNION OF INDIA
