Lawstreet Journal

Merely because ‘nothing was recovered’ cannot be the sole reason to grant Anticipatory Bail in NPDS case: Kerala HC [READ ORDER]

Lawstreet Journal 6 Aug 2020 10:53pm

Image courtesy: Lawstreet Journal Judiciary Merely because ‘nothing was recovered’ cannot be the sole reason to grant Anticipatory Bail in NPDS case: Kerala HC [READ ORDER]

The Kerala High Court stated that it cannot grant anticipatory bail in the NDPS case merely because ‘nothing was recovered’ from the accused.

To allow an anticipatory bail petition filed by a person accused under Sections 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the sessions court noted that ‘nothing was recovered’ from him and no evidence are available to indicate the participation of the accused related to crime. Therefore, proceeded to grant bail.

While considering the petition filed, Justice R. Narayan Pisharadi noted that as per Section 37(1)(b)(ii) of the Act, if the public prosecutor opposes the application, two conditions have to be satisfied for enlarging the accused on bail.

“The first one is that the court shall be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence alleged against him. The second one is that the court shall be satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. Only on the satisfaction of these twin conditions, the court has the power to enlarge the accused on bail.”

The court further stated that restrictions granting bail to an accused person of the offences, would apply to an application for granting anticipatory bail also and if either of the conditions are satisfied, the accused cannot be released on bail.

The Judge said“These two conditions are cumulative and not alternative. If either of these two conditions is not satisfied, the bar… Continue Reading...


Tagged: kerala high court  
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