Supreme Court Overturns Punjab & Haryana High Court's Bail Order in NDPS Act Case, Supreme Court stresses mandatory compliance with Section 37 of the NDPS Act for bail in commercial drug cases.
In a significant ruling, the Supreme Court of India has set aside the Punjab and Haryana High Court's order granting bail to Sukhwinder Singh @ Gora, accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of commercial quantities of contraband. The apex court emphasized the mandatory nature of the twin conditions under Section 37 of the NDPS Act for granting bail in cases involving commercial quantities.
The State of Punjab had challenged the High Court's decision, which allowed bail despite the absence of satisfaction of the statutory conditions. The High Court had granted bail on the grounds of prolonged custody of over two years and the slow pace of the trial, noting that only two of the 24 prosecution witnesses had been examined.
The Supreme Court, in its judgment, highlighted that the High Court failed to record its satisfaction on the twin conditions required under Section 37(1)(b)(ii) of the NDPS Act. These conditions require the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit an offense while on bail. The Supreme Court stated that these conditions are mandatory and cannot be overlooked or diluted, even considering the accused's right to a speedy trial under Article 21 of the Constitution.
Furthermore, the Supreme Court observed discrepancies in the High Court's order, particularly its failure to consider the dismissal of a previous bail application and the omission to record a change in circumstances. The apex court criticized the lack of full disclosure by the accused regarding his criminal antecedents and earlier bail applications, noting that the application must be approached with clean hands.
The Supreme Court's decision underscores the need for stringent adherence to statutory requirements in drug-related offenses, especially in regions significantly affected by drug trafficking. The apex court directed Sukhwinder Singh to surrender before the trial court within a week and granted him the liberty to apply afresh for bail in compliance with the mandatory provisions of the NDPS Act.
Bottom Line:
Narcotic Drugs and Psychotropic Substances Act, 1985 - The twin conditions under Section 37(1)(b)(ii) are mandatory for granting bail in cases involving commercial quantities of contraband - The High Court's failure to record its satisfaction on these conditions renders the bail order unsustainable.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37(1)(b)(ii), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Constitution of India Article 21.
State of Punjab v. Sukhwinder Singh @ Gora, (SC) : Law Finder Doc id # 2888363
