GOPU DLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners who are accused of the offences enumerated in the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the Act') seek bail in these petitions. Since common questions of law are involved, all these petitions can be disposed of together. Needless to consider the factual matrix, inasmuch as the provisions of Section 37 of the Act and Section 437 of the Criminal Procedure Code ('the Code' for brevity) have fallen for interpretation in these batch petitions. The Act is a self-contained Code and has clearly envisaged the provision for granting bails. Section 37 of the Act is very much germane for consideration in the context and may be extracted hereunder for brevity and better understanding of the matter thus:

(2.) The limitations on granting of bail specified in clause (b) of sub-sec.(l) 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".

(3.) Looking at the two limitations contained in Section 37 which ordain that in no casebail could be granted by the Sessions Court or the High Court inasmuch as it is difficult for the Court to arrive at a reasonable conclusion by perusing the record of the prosecution's case that there exists reasonable ground for believing that accused is not guilty of such offence under the Act. It must be a case where prima facie the record discloses no case as against the accused. As regards the second condition it is not reasonably possible to vouchsafe that the accused, if let off on bail, is not likely to commit any offence or misuse the bail. It is reasonable to impose any condition so as to prevent the person being let off on bail from resorting to any offence henceforth. But to arrive at a conclusion that he is not likely to commit any offence or misuse the bail, is well neigh an impossible one. Much depends upon the mental condition of the person who is accused before the Court, the environment in which he is residing, and other surrounding circumstances. The second condition enjoined under clause (ii) of Clause (b) of sub-section (1) of Section 37 of the Act cannot be satisfied in any case in view of the nature of the condition.