38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Merely because ‘nothing was recovered’ cannot be the sole reason to grant Anticipatory Bail in NPDS case: Kerala HC [READ ORDER]

By Prachi Misra      06 August, 2020 05:23 PM      0 Comments
Merely because ‘nothing was recovered’ cannot be the sole reason to grant Anticipatory Bail in NPDS case: Kerala HC [READ ORDER]

The Kerala High Court stated that it cannot grant anticipatory bail in the NDPS case merely because ‘nothing was recovered’ from the accused.

To allow an anticipatory bail petition filed by a person accused under Sections 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the sessions court noted that ‘nothing was recovered’ from him and no evidence are available to indicate the participation of the accused related to crime. Therefore, proceeded to grant bail.

While considering the petition filed, Justice R. Narayan Pisharadi noted that as per Section 37(1)(b)(ii) of the Act, if the public prosecutor opposes the application, two conditions have to be satisfied for enlarging the accused on bail.

“The first one is that the court shall be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence alleged against him. The second one is that the court shall be satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. Only on the satisfaction of these twin conditions, the court has the power to enlarge the accused on bail.”

The court further stated that restrictions granting bail to an accused person of the offences, would apply to an application for granting anticipatory bail also and if either of the conditions are satisfied, the accused cannot be released on bail.

The Judge said“These two conditions are cumulative and not alternative. If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail.”

The court further reiterated “The satisfaction contemplated regarding the accused being not guilty, has to be based on “reasonable grounds”. The expression ‘reasonable grounds’ means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn points to the existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. Thus, recording of satisfaction on both aspects, as noted above, is sine qua non for granting bail to a person who is accused of the offences specified under clause (b) of sub-section (1) of Section 37 of the Act.

However, while considering an application for bail with reference to Section 37 of the Act, the court is not called upon to record a finding of ‘not guilty’. At this stage, it is neither necessary nor desirable to weigh the materials meticulously to arrive at a positive finding as to whether or not the accused has committed the offence alleged against him. What is to be seen is whether there is reasonable ground for believing that the accused is not guilty of the offence he is charged with and further that he is not likely to commit an offence under the Act while on bail. The satisfaction of the court about the existence is for a limited purpose and is confined to the question of releasing the accused on bail.

After considering the impugned order passed by the sessions court, the HC observed that it has not adverted to the twin conditions mentioned under Section 37(1)(b) of the Act and did not record any satisfaction with respect to it. It is also not possible to infer from the impugned judgment thus, the court directed to consider a fresh application for anticipatory bail.

 

[READ ORDER]



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email