Jammu and Kashmir High Court Grants Bail to Accused in NDPS Case

Court emphasizes balance between individual liberty and societal interest, citing lack of tangible evidence against the accused.

In a significant ruling, the Jammu and Kashmir High Court granted bail to Arfaz Mehboob Tak, who was charged under various sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision underscores the Court's focus on balancing individual liberty with societal interest, especially in cases where evidence against the accused is not sufficiently tangible.

The case, presided over by Justice Mohd. Yousuf Wani, revolved around allegations that Tak financed the illicit trafficking of narcotics. The prosecution heavily relied on bank transactions and statements recorded under Section 67 of the NDPS Act. However, these statements were deemed inadmissible following the precedent set by the Supreme Court in "Tofan Singh v. State of Tamil Nadu," which requires such statements to lead to the discovery of new facts to be considered valid evidence.

The Court highlighted the absence of recovery or new facts established against Tak, thus failing to prove reasonable grounds for his involvement in the alleged crime. Emphasizing the principles set by the Supreme Court in "Sanjay Chandra v. Central Bureau of Investigation," the Court reiterated that "bail is the rule, and jail is the exception," particularly when the evidence does not convincingly point to the accused's guilt.

Granting bail, the Court imposed stringent conditions to ensure Tak's presence at trial, including restrictions on his movement outside Jammu and Kashmir without prior court permission, and prohibiting any inducement or threats to witnesses. The decision also took into account the lack of prior involvement in similar offences by Tak and the absence of any substantial risk of him fleeing from justice or tampering with evidence.

This judgment is expected to have broader implications for cases under the NDPS Act, reinforcing the judiciary's duty to protect individual rights while considering the gravity of the charges and the available evidence.

Bottom Line:

Grant of bail under NDPS Act - "Reasonable grounds" for believing the accused is not guilty must be based on tangible evidence, balancing individual liberty and societal interest.

Statutory provision(s): Sections 8/21, 22, 27A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 23 of the Bharatiya Sakshya Adhiniyam, 2023; Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Arfaz Mehboob Tak v. Union of India, (Jammu And Kashmir) : Law Finder Doc id # 2817130