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Criminal · Reportable judgment

State by the Inspector of Police vs B. Ramu

Court
Supreme Court of India
Date
12 February 2024
Case No.
Criminal Appeal No. 801 of 2024
Bench
Bhushan Ramkrishna Gavai
Citation
[2024] 2 S.C.R. 357 : 2024 INSC 114
Acts & Sections
Narcotic Drugs and Psychotropic Substances… CrPC
Supreme Court Reports [2024] 2 S.C.R. 357 : 2024 INSC 114
Issue for consideration
In a case involving recovery of huge quantity of narcotic substance (232.5 kg of ganja), wherein the Respondent-accused was indicted as being the conspirator for procurement/supply of the ganja so recovered, High Court whether justified in granting anticipatory bail in connection with the FIR registered for the offences punishable u/ss.8(c), 20(b)(ii)(c) and 29(1), Narcotic Drugs and Psychotropic Substances Act, 1985.
Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Code of Criminal Procedure, 1973 – s.438 – Quantity of narcotic substance seized multiple times the commercial quantity – Anticipatory bail granted by High Court, satisfaction in terms of the rider contained in s.37 not recorded – Challenge to: Held: For entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would have to mandatorily record the satisfaction in terms of the rider contained in s.37, NDPS Act – In the event, the Public Prosecutor opposes the prayer for bail either regular or anticipatory, the Court would have to record a satisfaction that there are grounds for believing that the accused is not guilty of the offence alleged and that he is not likely to commit any offence while on bail – In the present case, High Court not only omitted to record any such satisfaction, but rather completely ignored the factum of recovery of narcotic substance (ganja), multiple times the commercial quantity – In case of recovery of such a huge quantity of narcotic substance, the Courts should be slow in granting even regular bail to the accused what to talk of anticipatory bail more so when the accused is alleged to be having criminal antecedents – High Court failed to consider that the accused had criminal antecedents and was already arraigned in two previous cases under the NDPS Act – Impugned order being cryptic and perverse on the face of the record is quashed and set aside. [Paras 9-12, 15]

Keywords: Huge quantity of narcotic substance · Ganja · Anticipatory bail · Bail · Recovery of commercial quantity of narcotic drug or psychotropic substance · Multiple times the commercial quantity · Criminal antecedents

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Mehta, J. 1. Heard. 2. This appeal is directed against the order dated 25.01.2022 passed by the learned Single Judge of the Madras High Court whereby, the application under Section 438 of Code of Criminal Procedure, 1973 preferred by the respondent-accused in connection with Crime No. 235 of 2021 registered at P.S. Erode Taluk, District-Erode was allowed and the respondent-accused was granted anticipatory bail in connection with the aforesaid FIR registered for the offences punishable under Sections 8(c), 20(b)(ii)(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 19
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