New Delhi, Mar 28 (PTI) An accused in a narcotics case involving trade in commercial quantity should not be released on bail unless the court is satisfied that there are reasonable grounds that the person is not guilty and not likely to commit a crime while on bail, the Supreme Court has said.
A bench of Justices V Ramasubramanian and Pankaj Mithal made the observation while setting aside an order of the Allahabad High Court, which had released on bail a man accused under the Narcotic Drugs and Psychotropic Substances Act.
“It is implicit that no person accused of an offence involving trade in commercial quantity of narcotics is liable to be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any offence while on bail,” the bench said.
The top court said the quantity of “ganja” recovered from the accused is of commercial quantity and the high court has not recorded any finding that he is not prima facie guilty of the offence alleged and that he is not likely to commit the same offence when enlarged on bail.
“In the absence of recording of such satisfaction by the court, we are of the opinion that the high court manifestly erred in enlarging the respondent-accused on bail,” it said.
The apex court said the grant of bail to two other accused in the case — the driver and his helper who were caught by the Directorate of Revenue Intelligence with over 3,971 kg of ganja in a truck in Varanasi — does not seem to be a good and sufficient reason for granting bail to this man.
“The above two accused are not the main accused, but the vicarious agents of the respondent-accused, who is the main person in drug trafficking and was involved in the above illegal transactions. The role of the respondent-accused is clearly different from that of the driver and the helper, the other two co-accused,” the bench said.
The driver had revealed that the respondent-accused indulged in illicit trade of ganja. PTI PKS ABH ABH
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