RAJBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for bail pending appeal in the High Court. The applicant-appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and sentenced to 10 years rigorous imprisonment and a fine of rupees one lac. In default of payment of fine the accused was further ordered to undergo rigorous imprisonment for two years.

(2.) THE learned counsel for the applicant-appellant (hereinafter called 'the applicant') contends that no case is made out against the applicant as the mandatory provisions of the Act, particularly of Section 50, have not been complied with. The learned counsel further contends that only 11 kgs of poppy husk has been recovered from the applicant and that he has already remained in jail in this case for about 14 months. In these circumstances, learned counsel urges that the applicant may be allowed bail during the pendency of the appeal. He has cited the following authorities of this Court in order to substantiate his contentions :-

(3.) THE powers of the Court to grant bail under Section 439 Cr.P.C., are subject to the limitations contained in the amended Section 37 of the Act and the restrictions placed on the powers of the Court in this section are applicable to the High Court also in the matter of granting bail. This point of law has already been decided as far back as in the year 1991 by the Supreme Court in Narcotics Control Bureau v. Kishan Lal and others, 1991(1) Recent CR 338. Similar view has been taken by a Division Bench of this Court in Crl. Misc No. 12027 of 1995 in Crl. Appeal No. 143-SB-95 Surjit Singh v. State of Punjab. It has been held by the Division Bench, therein, that before bail is granted to a person convicted for an offence under the Act, the provisions of Section 37 would be kept in view. Relevant portion of the order in Surjit Singh's case (supra), is reproduced as under :-