Allahabad High Court Denies Bail to Accused in Major Ganja Seizure Case
Bail application rejected as court finds contraband possession above commercial quantity; mandatory conditions under NDPS Act not fulfilled
In a significant judgment, the Allahabad High Court has denied bail to Randhir, a cleaner implicated in a major narcotic drug bust involving over 151 kilograms of ganja. The court, presided over by Justice Rohit Ranjan Agarwal, emphasized the stringent requirements under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), particularly Section 37, which mandates the court to be satisfied that the accused is not guilty and is unlikely to commit an offense while on bail.
The contraband was seized from a DCM truck at Robertsganj, Sonbhadra, with Randhir and the driver apprehended on the spot. Despite arguments from Randhir's counsel highlighting procedural lapses and the accused's lack of criminal history, the court remained unconvinced about the absence of conscious possession of the narcotic substance.
Justice Agarwal outlined that the NDPS Act imposes strict conditions for bail in cases involving commercial quantities of drugs, underscoring the legislative intent to combat drug trafficking due to its destructive impact on society. The court referred to multiple precedents from the Supreme Court to assert that procedural irregularities concerning the FSL report or sample handling do not automatically entitle the accused to bail.
The court dismissed the relevance of Section 50 of the NDPS Act, which pertains to personal searches, noting its inapplicability to vehicle searches. It also addressed the admissibility of the FSL report as corroborative evidence, confirming the substance as ganja, despite claims of it not being part of the initial charge sheet.
Randhir's counsel argued the applicant's role as a mere cleaner on a daily wage, with familial responsibilities, but the court found the evidence of possession compelling enough to deny bail. The decision reinforces the judiciary's stance on maintaining the integrity of drug-related prosecutions amid procedural challenges, emphasizing societal safety over individual liberty in such high-stakes cases.
Bottom Line:
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application for offenses involving contraband above commercial quantity - Mandatory compliance with Section 37 of NDPS Act required; applicant must demonstrate reasonable grounds for not being guilty and not likely to commit an offense while on bail.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 37, 50, 52A, Code of Criminal Procedure, 1973 Section 293
Randhir v. State of U.P., (Allahabad) : Law Finder Doc id # 2773261
