Conditions Of Section 37 Of NDPS Act Can Be Dispensed With: SC While Granting Bail To Person Caught With 65 Kg Ganja

The Supreme Court on Wednesday granted bail to a person from whose car more than 65 Kg of Ganja was allegedly recovered after being intercepted by police.

A Bench comprising Justice Surya Kant and Justice JK Maheshwari ordered his release on bail in the absence of criminal antecedents and the fact that the accused is in custody for the last two and a half years.

“We are satisfied that the conditions of Section 37 of the (NDPS) Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed”, said the Court.

Section 37 of the Act requires that where the Public Prosecutor opposes an application for bail, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

The allegations in the case were that on receiving secret information, the police authorities intercepted two vehicles on June 23, 2020 i.e. one Gray coloured Honda City Car and the second White coloured Swift Dzire Car.

On searching, more than 92 kgs Ganja was allegedly recovered from Honda City Car whereas more than 65 kgs Ganja was recovered from Swift Dzire Car. The accused who was driving the Swift Dzire Car was arrested with others at the spot and was in custody since June 2020.

On the basis of aforesaid recovery, a case was registered against the accused under Section 8/20 of N.D.P.S. Act, police station Jhunsi, district Prayagraj of Uttar Pradesh. The Court noted that some of the occupants of the `Honda City’ Car have since been released on regular bail.

Advocate Manish Tiwari appeared for the petitioner while AAG, Senior Advocate Garima Prashad appeared for the Respondents. 

Earlier, the Allahabad High Court had denied bail to the accused considering the recovery of a huge quantity of Ganja, coupled with the fact that he was apprehended at the spot and was having conscious and constructive possession of the recovered Ganja.

The Apex Court clarified that the accused shall appear before the Trial Court on every date of hearing, and in case he is found to be involved in future in any other similar case, the State shall be at liberty to seek cancellation of bail granted to him by the Court.

Cause Title- Dheeraj Kumar Shukla v. The State of Uttar Pradesh

Click here to read/download Order