Punit (NA) 24 July 2013

Transporter accused under ndps act 21-c

Dear Forum members,

Can a learned Counsel from the readers direct me towards the future of a NDPS case, Section 21-C, for possession of Contraband in a truck being unloaded infront of his godown.

In such a case, if Chargesheet not filed in 90 days, is the driver, who is in Police Custody, and the absconding transport owners, be allowed bail-anticipatory bail under District court?

Also does the PP hold a influential hand in such cases?

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Ashok, Advocate (Lawyer at Delhi) 25 July 2013

If the offence is under Section 21(c) of NDPS Act, which means it is for “commercial quantity”, then the provisions of Section 37(1)(b) of NDPS Act will become applicable, and it may be very difficult to obtain bail. The relevant provisions are reproduced below:

“37. Offences to be cognizable and non-bailable.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for offences under Section 19 or Section 24 or Section 27-A and also for offences involving commercial quantity shall be released on bail or on his own bond unless—

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor oppose the application, 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.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail.