SC Grants Bail To Accused Under NDPS Act

While granting the bail, the Court noted that whether the accused was in a conscious possession of the contraband or not was a serious debatable question of fact

That Supreme Court of India recently granted bail to a man accused under the Narcotics Drugs and Psychotropic Substances Act 1985 (NDPS Act) observing that the question of conscious possession was a question to be decided during trial.

The prosecution case is that the appellant along with the main accused (Arif Khan) and the other co-accused were apprehended with 340 gms of smack (morphine) from their possession. The FIR was registered and consequently, the appellant was arrested at the spot. Thereafter, charge-sheet was filed. The said charge-sheet was not accompanied by any FSL/ Chemical examiner report to certify that the substance recovered from the appellant or his co-accused was a contraband (smack).The prosecution case appears to be that the appellant had gone to meet the main accused (Arif Khan) for the purpose of obtaining the contraband (smack) and then sell the same on commission basis.

It seemed that the contraband was in the conscious possession of the main accused (Arif Khan). The said main accused (Arif Khan) has been admittedly granted interim bail.

The Supreme Court observed that it is a question to be decided during trial whether the appellant was found in the conscious possession of the smack 340 grams.

The Court observed that it is a seriously debatable question of fact whether the appellant was also found in the conscious possession of the contraband(smack). The court observed that being so, as of now, the twin test of Section 37 of the Act, need not be invoked against the appellant.

The Supreme Court observed that the main accused has been granted interim bail. The Supreme Court further observed that the appellant has undergone in custody of one years and eleven months. But charges are yet to be framed. Taking into the period of custody the Supreme Court order the appellant to be released on bail. 

Petitioner was represented by Adv. Akshay Bhandari and Adv. Ashish Batra.

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