APPACHAN Vs. EXCISE CIRCLE INSPECTOR

JUDGEMENT

(1.) THE petitioners are accused Nos. 7 and 8 in Crime No. 1 of 1990 of Excise Circle, mananthavady range. THE allegation against the petitioners is that they along with accused 1 to 6 trespassed into Beggar range reserve forest and cultivated ganja and the cultivation of the same is prohibited and made punishable under s. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. THE petitioners were arrested and taken into custody on 16-6-1990. THE petitioners contend that they have not committed any offence and they are innocent and that they may be released on bail. Petitioners have also contended that they are entitled to be released on bail under S. 167 (2) of the Code of Criminal procedure.

(2.) THE petition is opposed by the Public Prosecutor. It is pointed out that the allegation against the accused is that they have committed the offence punishable under S. 20 (2) of the N. D. P. S. Act and therefore they are not liable to be released on bail in view of S. 37 of the act. S. 37 of the Act says that with standing anything contained in the Code of criminal Procedure, 1973 no person accused of an offence punishable for a term of imprisonment of 5 years or more under this Act 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 opposes 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 to commit any offence while on bail. THE learned Public Prosecutor further contended that in view of the above provision the accused is not liable to be released on bail. It was also contended that at this stage the accused shall not be released on bail invoking the provisions of S. 167 (2) Cr. P. C.