Negation of Bail Is the Rule Under Section 37 NDPS: Supreme Court Cancels Bail on Repeat Application

On the night of 24 March 2000 police in Jawad, District Neemuch, Madhya Pradesh acted on definite information and seized 7 kg of opium that the respondent was carrying in his bag, after complying with Section 50 (para 2). He was charged under Section 18 of the NDPS Act, which carries ten to twenty years' rigorous imprisonment and a fine of at least one lakh rupees (paras 2, 4). The trial court and then the High Court rejected his bail applications, the High Court on 5.6.2000 (para 2). Without any change in circumstances he applied again, and the High Court granted bail; the State appealed (paras 2-3).

Section 37 makes NDPS offences cognizable and non-bailable, and bars bail for offences punishable with five years or more unless the Public Prosecutor is heard and, if he opposes, the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to offend on bail (para 5). Negation of bail is the rule and its grant the exception; these conditions are in addition to those under the Code, and a liberal approach is uncalled for (para 6). The Court relied on Maktool Singh, with Sambhu Sonkar and D. Sarojini to the same effect (paras 7-8). The High Court granted bail on its own view that the accused's conduct in holding on to the bag during the search was unnatural, which was not discernible from the order (para 8). It cited Section 37 only to justify an apparently wrong order, not to show compliance (para 8). The earlier rejection was not denied; without changed circumstances a second application amounts to a review, which is not permissible in criminal law, as held in Hari Singh Mann (para 9).