Conditions For Grant Of Bail U/S 37 NDPS Act Are Conjunctive; Period Of Detention Immaterial: Gauhati High Court

[15 September 2021]
The Gauhati High Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjunctive in nature. Justice Sanjay Kumar Medhi ruled that all the three conditions, namely, (i) opportunity to the Public Prosecutor to oppose the bail (ii) prima facie satisfaction regarding availability of ground for believing that the accused is not guilty and (iii) he is not likely to commit any offense while on bail; are required to be fulfilled simultaneously to grant bail. Holding that the third condition is not fulfilled in the case at hand, the Court denied bail to the applicant who had completed 267 days in custody on September 7. It noted, “The first condition is fulfilled and even assuming that the second condition is also fulfilled, the case records demonstrate the involvement of the accused in another case involving the NDPS Act in which he has been charge-sheeted, and he has been facing trial. Since the same is a relevant factor, this Court is of the opinion that the privilege of bail is not entitled to by the applicant.”