- The Calcutta HC has, in the case tilted Manik Das vs Narcotics Control Bureau has interpreted section 37 of the Narcotic Drugs And Psychotropic Substances Act and has observed that the words ‘reasonable grounds’ means something more than mere ‘prima facie’ grounds.
- In the instant case, one Sanjiv Kumar, Intelligence Officer, NCB had received information that a large quantity of ganja would be brought in a TATA Ace Gold car by Susanta Devi and Manik Chandra Das and would be unloaded in the house of Susanta and then supplied to one Asim Mirdha.
- On the basis of the above intelligence, a team of NCB Officers led by Superintendent, NCB executed the operation and arrested two suspects named Swapon Biswas and Susanta Dey. When the investigative team reached the house of Manik Das and Asim Mirdha, the latter was found in the house and upon interrogation he revealed that he was to procure the ganja through an arrangement made by Susanta Dey.
- All the seized articles were found to be ganja and the report was submitted before the Court. During investigation, Asit Karmakar and Manik Das were arrested and their statements were recorded under section 67 of the NDPS Act. The present bail application was filed by Manik Das before the Calcutta HC.
- It is important to note here that section 37 of the NDPS Act provides that the offences under the Act are cognizable and non- bailable. It also provided that bail shall not be granted to the accused under NDPS Act unless the Public Prosecutor has been given a reasonable opportunity of opposing the bail application.
- The section also provides that the Court must be satisfied that there are reasonable grounds to believe that the accused has not committed the said offence and is not likely to commit any offence while he is on bail before allowing the application.
- The HC observed that the words ‘reasonable grounds’ contemplate substantial grounds for believing that the accused has not committed the said offence. These words contemplate the existence of facts and circumstances which sufficiently justify that the accused has not committed the said offence.
- The Court also observed that in light of the seriousness of the offences that are punishable under the NDPS Act, it is seen that the power to grant bail is not just subject to the restrictions contained in section 439 of CrPC, but also the restrictions mentioned in section 37 of NDPS Act.
- It was also observed that in order to grant bail under section 37 of the NDPS Act, the court has to be satisfied of the dual conditions that the public prosecutor has had an opportunity of opposing the application and that there are reasonable grounds for believing that the accused has not committed the said offence and that he will not commit an offence while he is enlarged on bail.
- While rejecting the bail application, the Court held that the onus lies on the accused to prove that he was not in contact with the other accused persons by leading cogent evidence in this regard and to disprove the validity of the mobile phone which the NCB seeks to rely upon to prove the nexus between the applicant and the other accused in the case. This onus, according to the Court, has not been discharged by the accused.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
