Tripura: The High Court of Tripura has delivered a significant order canceling the bail of an accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, emphasizing the stringent bail provisions under the Act and clarifying that the mere filing of a chargesheet does not entitle an accused to bail.
In an order passed on June 20, 2024, Justice Arindam Lodh canceled the bail granted to the accused, Mijanur Rahaman, by the Special Judge, Sepahijala District, Sonamura on January 30, 2024.
The court noted that the accused was charged under Sections 20(b)(ii)(c)/25/29 of the NDPS Act in connection with Sonamura PS Case No. 118 of 2023. The State had challenged the bail granted by the Trial Court and sought its cancellation.
Rejecting the arguments of the accuseds counsel, the court observed that there were no reasonable grounds to believe that the accused was not guilty of the alleged offense.
Further, the court also emphasized that granting bail to an accused under the NDPS Act is an exception, not the rule.
Learned Special Judgehas not kept in mind that granting of bail to an accused of committing offenses under the penal provisions of the NDPS Act is an exception and bail is not a rule, the court stated.
The court clarified the interpretation of Section 37 of the NDPS Act, which provides conditions for bail, and asserted that for granting bail under the NDPS Act, the Court or the Public Prosecutor must be satisfied that there are reasonable grounds to believe the accused is not guilty of the alleged offense.
Additionally, the court also rejected the argument that Section 37 of the NDPS Act suggests an accused cannot be kept in custody after the filing of a chargesheet. The court held, On careful consideration of the above enunciation of law, I can easily hold that mere filing of charge-sheet is not a ground at all or has no persuasive value to grant bail to an accused of allegedly committing offense under the penal provisions of NDPS Act.
The court referred to the Supreme Courts decision in Narcotics Control Bureau vs. Mohit Aggarwal (2022), reinforcing the narrow parameters for granting bail under Section 37 of the NDPS Act.
In conclusion, the court allowed the application for cancellation of bail, set aside the earlier bail order, and directed the accused to surrender before the Special Judge, Sepahijala District, Sonamura on June 21, 2024. The court also observed that if the accused fails to surrender, the Special Judge should pass the necessary directions to ensure his arrest.
