The Delhi High Court has observed recently that while granting bail under Section 37 of the National Drugs and Psychotropic Substances Act, 1985 (NDPS Act), a Court must have “reasonable grounds” to believe prima facie innocence of the accused and that the accused will not commit a similar offence while on bail.
Section 37 of the Act deals with the classification of the offences contained within the Act and provides for cases where bail can be granted to the accused person. It provides for dual conditions of bail in case of certain offences: one, prima facie opinion of the innocence of the accused and two, the accused will not commit a similar offence while on bail.
Factual Background
The said observation was made while the Court denied bail to a man allegedly involved in a case where about a total of seven gunny bags carrying 315 kg of Cannabis were recovered. Observation of the Court Under Section 37 (b) (ii) of the NDPS Act, the Court is not required to be merely satisfied with the dual conditions i.e. prima facie opinion of the innocence of the accused and that the accused will not commit a similar offence while on bail but the Court must have “reasonable grounds” for such satisfaction.
Observations of Court
Dealing with the bail plea, the Court said the offences prescribed under the Act are not only a threat to a particular individual but to the entire society, especially the youth of the country.
“As far as condition under Section 37(b)(i) is concerned, there, is no ambiguity in its interpretation. It gives effect to the doctrine of audi alteram patem. Since the crime is an act against the society, the legislature has contemplated that the Public Prosecutor must be given an opportunity to oppose bail application under the Act”.
With the above-stated observations, the bail plea was dismissed.
Case Details
Before: Delhi High Court
Case Title: Pramod v. State of NCT Delhi
Coram: Hon’ble Mr. Justice Chandra Dhari Singh
Read Order@LatestLaws.com
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