Allahabad High Court Grants Bail To Man Arrested For Allegedly Possessing 349 Kilogram Of Ganja

While noting that for the limited purpose of granting bail, the court has to only see if there are reasonable grounds for believing that the accused is not guilty, the Bench of Justice Siddharth granted bail to one Kaleem, who was in jail since January 2019.

The matter in brief

Allegedly, 349.250 Kg Ganja was recovered from the bail applicant, Kaleem by the police and thereafter he was booked under Sections 8/20/29/60(3) of the NDPS Act.

It was contended by his counsel that the applicant was falsely implicated in the case due to ulterior motive, on the basis of false and planted recovery and that there was no compliance of Section 50 (Conditions under which search of persons shall be conducted) of the N.D.P.S. Act.

Further, it was argued that at the stage of consideration of bail, it cannot be decided whether the offer given to the applicant and his consent obtained was voluntary as these are the questions of fact that can be determined only during the trial and not at the present stage.

Lastly, it was submitted that in case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act.

On the other hand, the state, while opposing the bail, argued that the innocence of the applicant cannot be adjudged at the pre-trial stage who is involved in supplying contraband, and in case the applicant is released on bail he will again indulge in similar activity.

It was also submitted that the reasonable grounds mentioned in Section 37(1)(b)(ii) of the N.D.P.S Act mean something more than prima facie ground and the same implies substantial probable causes for believing that the accused is not guilty of the offence charged.

Court's observations

At the outset, the Court took into account the apex court's ruling in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 and observed thus:

"…the Apex Court in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act, is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty."

Further, looking into the severity of punishment which the conviction would entail, the character of the accused, the circumstances peculiar to the accused, reasonable possibility of securing his presence at the trial, reasonable apprehension of the witnesses being tampered with and the larger interest of the public/State, the Court found it to be a fit case for grant of bail.

Case title - Kaleem v. U.O.I. Through Intelligence Officer,N.C.B., Lucknow

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