Saw Herald Released After 196 Days in Custody; Court Finds No Direct Nexus with Seized Contraband
In a significant ruling, the Calcutta High Court, Circuit Bench at Port Blair, has granted bail to Saw Herald, who was implicated in a narcotic drugs case. The judgment, delivered by Justice Sabyasachi Bhattacharyya, emphasized the absence of direct evidence linking the petitioner to the seized contraband material, paving the way for his release after spending 196 days in custody.
Saw Herald, whose involvement was limited to driving the car from which contraband was recovered from a passenger, was granted bail due to the lack of material evidence directly implicating him in the crime. The court noted that the petitioner had no past criminal antecedents, reinforcing the decision to grant bail.
Defense counsel argued that the only item seized from Herald was a mobile phone, and none of the articles recovered were linked directly to him. Despite the prosecution's assertion that driving the car implied constructive possession of the contraband, the court found no prima facie evidence to support this claim.
The judgment scrutinized the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly concerning bail conditions. Justice Bhattacharyya pointed out that the rigours of Section 37(1)(b) must be applied in conjunction with the facts of the case. In the absence of prima facie evidence of possession or direct involvement, bail could be granted, especially when the petitioner is not likely to commit an offence while on bail.
The court also considered the fact that none of the 29 witnesses cited by the prosecution had been examined, casting doubt on the timely conclusion of the trial. Additionally, the car being driven was a private vehicle belonging to Herald’s father, not a commercial vehicle, further weakening the prosecution's case.
Saw Herald's bail conditions include furnishing a bond of Rs. 10,000 with two sureties, reporting fortnightly to the local police station, and restrictions on leaving the jurisdiction without court permission. The court also mandated that Herald must not tamper with evidence or contact witnesses.
This ruling highlights the importance of direct evidence in NDPS cases and sets a precedent for similar cases where the accused's involvement is not clearly established. The judgment underscores the court's commitment to balancing the application of statutory provisions with individual case circumstances, ensuring justice and due process.
Bottom line:-
NDPS Act, 1985 - Bail can be granted where there is no direct nexus between the petitioner and the seized contraband material, especially when the petitioner has no past criminal antecedents, has been in custody for a significant period, and the prosecution has failed to present evidence directly implicating the petitioner.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37
Saw Herald v. State, (Calcutta)(Circuit Bench At Port Blair) : Law Finder Doc id # 2892328
