Bail granted to Co-accused ignoring Sec 37 NDPS Act-Without giving reason-Not binding upon Coordinate Bench-BAIL REJECTED: Allahabad High Court

The decision of the Bail Rejected in the case where bail is granted to Co-accused ignoring sec 37 of The Narcotic Drugs and Psychotropic Substances Act was determined by the High court of Allahabad through the learned bench led by HONOURABLE JUSTICE SANJAY KUMAR SINGH in the case of Dheeraj Kumar Shukla vs State of UP (Criminal Misc. Bail Application No. 45253 of 2021).

This is the second bail application moved on behalf of the applicant, after the first bail application of the applicant was rejected by a detailed order.

FACTS OF THE CASE: Two vehicles white-colored Swift Dzire car and grey colored Honda City car were intercepted by the Police team and the persons sitting in the vehicle were pulled out. Transportation of illegal Ganja was disclosed from the vehicle. The accused were enlightened about their legal rights to be searched before a Gazetted Officer, to which they declined and gave their consent saying that the informant may take their search. Accordingly, they were searched, but no contraband was recovered. On taking search of aforesaid vehicles, total 92.410 Kgs. of Ganja were recovered from the dicky of Honda City and 65.160 Kgs. of Ganja were recovered from the dicky of Swift Dzire car. As such, a total 157.570 Kg of illegal Ganja was recovered in this case.

Accused persons disclosed that they have been engaged in the trafficking of Ganja for the last several years. Both the vehicles were seized.

COURT’S OBSERVATION: The Apex Court has considered the issue relating to Section 37 of the N.D.P.S. Act and reference of some of the relevant decisions were taken into consideration

  1. Union of India Vs. Rattan Mallik @ Habul, 2009 (1) SCC (Crl) 831
  2. Union of India Vs. Ram Samujh, (1999) 9 SCC 429
  3. State of Kerala Etc. Vs. Rajesh Etc. AIR 2020 Supreme Court 721
  4. Union of India vs Prateek Shukla (Crl.A. No. 284/2021), AIR 2021 SC 1509

The Hon’ble Court also opined from the above discussion, that it is crystal clear that before granting bail for the offense under N.D.P.S. Act, twin conditions as provided u/s 37(1)(b)(i) and (ii) have to be satisfied, which is in addition to Section 439 of Cr.P.C. and mandatory in nature.

JUDGEMENT: In view of the facts and circumstances of the case and on account of the reasons mentioned, Honourable did not find any good ground for enlarging the applicant on bail. The second bail application of the applicant was accordingly rejected.


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