Supreme Court refuses to interfere in High Court's decision, no anticipatory bail to accused in NDPS case

The Supreme Court, while hearing the demand for anticipatory bail, clarified that anticipatory bail is not granted under the NDPS Act. The High Court had rejected the petition, refusing to grant anticipatory bail to the accused in the FIR registered under the Narcotics Drugs and Psychotropic Substances Act 1985. The Supreme Court has also refused to interfere in this decision of the High Court.

The division bench of the Supreme Court heard the petition challenging the decision of the High Court. The bench advised the petitioner that he can surrender in the trial court and file a petition for regular bail, which will be dealt with in accordance with law. The prosecution informed the court that the co-accused has revealed the name of the petitioner in the statement given to the police, and 60 kg of poppy husk and 1 kg 800 grams of opium have been recovered from him.

The prosecution informed the court that the co-accused has described the petitioner as a supplier of banned substances. Along with this, the prosecution opposed the anticipatory bail application filed by the petitioner and demanded not to grant bail. The state government also clarified that the banned substance is in commercial quantity, which comes under Section 37 of the NDPS Act. He also argued that custodial interrogation of the petitioner is necessary in relation to drug trafficking and supply, which is likely to yield important information. The petitioner's advocate claimed in the court that he is being framed on false charges and he is neither a drug supplier nor a member of any gang.

During the hearing of the case, the High Court found that the co-accused has described the petitioner as a drug supplier. There has been continuous conversation between the two on mobile, the audio recording of which has also been submitted. Apart from this, solid evidence of transactions through bank between the petitioner and the co-accused has also been found. On the basis of these evidences, the High Court rejected the anticipatory bail petition filed by the petitioner.

Supreme Court's comment

While hearing the anticipatory bail petition, the division bench of the Supreme Court said that the issue of anticipatory bail in NDPS Act cases is extremely serious. The court directed the state government to consider whether an application should be submitted in the court to cancel the anticipatory bail petition filed by the accused.