Court cites stringent provisions of NDPS Act and Bharatiya Nagarik Suraksha Sanhita to reject bail application amidst allegations of possessing over 52 kg of heroin.
In a significant ruling, the Jammu and Kashmir High Court has denied bail to Gurjit Singh, accused of trafficking a substantial quantity of heroin. Presiding over the case, Justice Shahzad Azeem emphasized the stringent provisions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), and the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in determining the outcome of the bail application.
The case dates back to August 6, 2018, when Singh and a co-accused were apprehended in Jammu with 51 packets of heroin, weighing over 52 kilograms, concealed in a truck. The Narcotics Control Bureau (NCB) alleged that the confiscated narcotics had a market value exceeding Rs. 250 crores. Singh was charged under multiple sections of the NDPS Act, including 8, 21, 29, and 60, and has been in custody since then.
Singh's counsel argued for bail on the grounds of prolonged incarceration, highlighting that he had spent more than seven years in detention and invoking Section 479 of the BNSS, which allows for bail consideration for first-time offenders after serving one-third of the maximum punishment. However, the court found Singh's previous involvement in similar offenses, coupled with the gravity of the current charges, as significant factors in denying bail.
Justice Azeem underscored the mandatory nature of Section 37 of the NDPS Act, which places strict conditions on granting bail in cases involving commercial quantities of narcotics. The court reiterated that "negation of bail is the rule and its grant is an exception" in such serious offenses.
Furthermore, the court clarified the application of Section 479 of the BNSS, explaining that while it provides a threshold for bail eligibility, it does not guarantee automatic release. The court retains discretion, particularly in serious cases with substantial evidence against the accused.
The ruling referenced several Supreme Court judgments, including those in 'Narcotics Bureau v. Mohit Agarwal' and 'State of Karnataka v. Shri Darshan', which stress the importance of the seriousness of the offense and the potential societal impact in bail considerations.
In concluding, the court directed the trial court to expedite the remaining proceedings, stressing the importance of a timely trial while maintaining the integrity of the legal process.
Bottom Line:
Application of Section 37 of the NDPS Act and Section 479 of Bharatiya Nagarik Suraksha Sanhita [BNSS] in bail matters involving narcotics trafficking.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 479
