Can an accused in a Narcotics case get bail?
THIS was the question before a batch of appeals decided by the Supreme Court yesterday. Section 37 of the NDPS Act stipulates that all the offences punishable under the Act shall be cognizable. It further stipulates that:-
(1) persons accused of an offence under Section 19, 24, 27A or persons accused of offences involved in "commercial quantity" shall not be released on bail, unless the public prosecutor is given an opportunity to oppose the application for bail; and
(2) more importantly that unless "the Court is satisfied that there are reasonable grounds for believing" that the accused is not guilty of such an offence. Further, the Court is also required to be satisfied that such a person is not likely to commit any offence while on bail.
In other words, Section 37 departs from the long established principle of presumption of innocence in favour of an accused person until proved otherwise.
We bring you this case today.