Anticipatory Bail Is Never Granted In NDPS Act Cases : Supreme Court

Anticipatory Bail Is Never Granted In NDPS Act Cases : Supreme Court

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“Anticipatory bail isn’t granted in NDPS case”, the Supreme Court docket orally noticed yesterday, whereas refusing to intervene with Punjab and Haryana Excessive Court docket’s denial of anticipatory bail to an accused booked beneath the Narcotic Medication and Psychotropic Substances Act, 1985.

A bench of Justices Pankaj Mithal and KV Viswanathan heard the matter and handed the order thus:

“We aren’t happy that any error has been dedicated by the Excessive Court docket in refusing anticipatory bail to the petitioner in NDPS Case.”

It nevertheless added that the petitioner may give up earlier than the Trial Court docket and apply for normal bail, which shall be handled by itself deserves in accordance with legislation.

As per the prosecution case, the title of the petitioner surfaced in disclosure statements of co-accused, from whose possession restoration of 60 kgs of Doda Put up and 1kg 800 grams of opium was effected. The petitioner was named by the co-accused as provider of the contraband.

The state opposed the bail plea earlier than the Excessive Court docket, contending that the contraband recovered fell inside business amount, attracting Part 37 of NDPS Act, and custodial interrogation of the petitioner was required to unearth the modus operandi.

The petitioner, alternatively, claimed that he was falsely implicated and roped in primarily based on disclosure statements, although he was not named within the FIR.

After listening to the events, the Excessive Court docket famous that the petitioner was particularly named because the provider by the co-accused and there have been additionally information of telephonic conversations between the petitioner and the co-accused. Additional, there have been financial institution transactions between the stated accused.

As such, the Excessive Court docket discovered no case for grant of anticipatory bail. Aggrieved, the petitioner approached the Supreme Court docket.

Notably, in September final yr, the highest Court docket expressed shock on the grant of anticipatory bail in an NDPS case. A bench of Justices BR Gavai (now CJI), Aravind Kumar and KV Viswanathan even requested the State of West Bengal to think about submitting purposes looking for the cancellation of pre-arrest bail granted to the accused. “Grant of anticipatory bail in an NDPS matter is a really critical situation. We due to this fact direct the State to think about if it proposes to use for the cancellation of Anticipatory Bail granted to the accused”, the bench noticed.

In April this yr, the Supreme Court docket nevertheless granted anticipatory bail to a different accused in an NDPS case, who was booked for possession of Tapentadol Hydrochloride tablets (a ache reliever used to deal with reasonable to extreme acute ache). Since Tapentadol Hydrochloride shouldn’t be included within the Schedule of the Act, the Court docket stated that it isn’t a psychotropic substance.

Look: AoR Dhiraj Kumar Sammi and Advocate Sanjay S (for petitioner)

Case Title: DINESH CHANDER Versus STATE OF HARYANA, SLP(Crl) No. 9540/2025

Click Here To Read/Download Order

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