KISHAN CHAND NAGDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have filed the above applications u/s 438 Cr. P. C. in criminal cases registered against them u/s. 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to 'as the Act' ). In both the applications, common question of law and fact are involved and they may be conveniently disposed of by one order.

(2.) THE facts of the case reveal as to how the ingenuity of law- brakers design various means to do prohibited illegal acts, but trying to save them from the clutches of law. THE unscrupulous greedy businessmen can go to any extent being unmindful to the injury they cause to the life and health of innocent persons by their illegal acts.

(3.) THE object and reason behind passing the amendments was to make stringent provisions of bail as it was thought that such powers should not be used to defeat the object of the Act and a technical plea should not be a ground for under-serving liberty under the Act. THE non-obstante clause in S. 37 (1) of the Act makes it clear that the accused of an offence under the Act is to be severally dealt with and that he should not be allowed to be released on bail unless the conditions contained in S. 37 are satisfied. Though the Act specifically does not prohibit the grant of anticipatory bail under section 438 Cr. P. C. , but the legislative intent can be gathered from S. 37 of the Act which restricts the bail even after the arrest of the offender.