TAKHELMAYUM IBOCHOU SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Apprehending arrest in connection with FIR No. 29 (6) 93 of Ukhrul P. S. under Ss. 20 (b) (i) and S. 60 (3) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ND and PS Act) , the petitioner has approached this Court on l 7/07/1993 in this petition under S. 438, Cr. P. C. for grant of anticipatory bail. On 19-7-93 notice was issued to the State and the learned Public Prosecutor accepted the notice. An interim order was passed on 19-7-93 to the effect that in the event of arrest of the petitioner he should be allowed to go on interim bail on furnishing a bail bond of Rs. 5,000. 00 to the satisfaction of the arresting authority. It is submitted by the learned counsel for the petitioner that petitioner has already been enlarged on interim bail as ordered by the Court on 19-7-93. Interim order on 19-7-93 was passed because of the fact that the petitioner was not named as accused in the FIR. Learned Public Prosecutor has produced the case diary which discloses prima facie case to implicate the petitioner in the case.

(2.) I have heard Mr. R. S. Raisang, learned counsel for the petitioner and Mr. A. Jagatchandra Singh, learned Public Prosecutor, Manipur.

(3.) Learned Public Prosecutor has submitted that power to grant bail to the petitioner / accused of committing offence under S. 20 (b) (i) of the ND and PS Act is subject to the limitation contained in S. 37 of the ND and PS Act and as such, bail cannot be granted unless the Court is satisfied that there are reasonable grounds to believe that the petitioner is not guilty of such offence and that he is not likely to commit any offence while on bail. In support of the contention learned Public Prosecutor placed reliance on a decision of the Supreme Court in the case of Narcotics Control Bureau v. Kishan Lal, reported in AIR 1991 SC 558 : (1991 Cri LJ 654) , wherein the Hon'ble Supreme Court has held that restrictions placed on the powers of the Court under the amended S. 37 of the ND and PS Act are applicable on the High Court also in the matter of granting bail.