Madras High Court Grants Anticipatory Bail in High-Profile NDPS Case

Court finds no direct evidence linking accused A.Affice Khan to possession or transport of contraband, satisfies Section 37 conditions of NDPS Act

In a significant development, the Madras High Court has granted anticipatory bail to A.Affice Khan, who was apprehending arrest in connection with a high-profile case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The case, which involves multiple accused, centers around the alleged exportation of methamphetamine.

Presiding Judge, Mr. K. Rajasekar, noted that there was no material evidence directly linking the petitioner, A.Affice Khan, to the possession, transportation, or knowledge of the contraband seized. This decision came despite the allegations that his premises were used for exporting the contraband produced by other accused in Madurai.

The court was informed that all similarly placed accused had been granted bail earlier, and that the investigation was concluded with a final report filed. Importantly, the judge found that the conditions under Section 37 of the NDPS Act, which restricts the granting of bail for certain offenses, were met in this case, thereby justifying the granting of anticipatory bail.

The prosecution argued that the petitioner was involved in exporting the contraband and was thus liable for arrest. However, the court found that the evidence did not substantiate these claims to the level required under the NDPS Act.

As part of the bail conditions, the petitioner is required to execute a bond of Rs. 25,000 and provide two sureties. He must also report to the concerned court daily for three weeks and comply with further conditions to prevent tampering with evidence or absconding.

This judgment underscores the court's adherence to the legal standards governing anticipatory bail under the NDPS Act, emphasizing the need for concrete evidence in such serious allegations.

Bottom Line:

NDPS Act - Anticipatory bail granted to the petitioner (A9) despite his alleged involvement in exporting contraband, as there was no material evidence linking him to possession, transportation, or awareness of the contraband seized. Section 37 of the NDPS Act satisfied for granting bail.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8(c), 22(c), 25, 29(1), 37

A.Affice Khan v. State, (Madras) : Law Finder Doc Id # 2820206