AIROnline 2023 SC 225

Supreme Court Of India

Hon'ble Judge(s): S. Ravindra Bhat, Dipankar Datta , JJ

(A) Criminal P.C. (2 of 1974) , S.439, S.436A— Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.37— Bail - Offence under NDPS Act - Undue delay in trial - Grant of bail on ground of undue delay in trial, cannot be said to be fettered by S.37 of Act of 1985, given imperative of S.436A which is applicable to offences under NDPS Act too. Constitution of India , Art.21— While granting bail in the cases under the NDPS Act, the conditions which courts have to be cognizant of are that there are reasonable grounds for believing that the accused is "not guilty of such offence" and that he is not likely to commit any offence while on bail. The term "not guilty" means only a prima facie determination. The classification of offences under Special Acts (NDPS Act, etc.), which apply over and above ordinary bail conditions required to be assessed by courts, require that the court records its satisfaction that the accused might not be guilty of the offence and that upon release, they are not likely to commit any offence. These two conditions have the effect of overshadowing other conditions. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention ....