Bombay High Court Goa denies bail application of accused as per Section 37 NDPS Act
Title: Johnson Richard v. State of Goa
Decided on: August 7, 2023
Citation: 2023 SCC OnLine Bom 1614
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
The case revolves around applicant who was found in possession of 40gms of MDMA, 60gms of Heroin and 50 gms Ecstasy powder, all worth Rs. 15,00,000/- and was arrested on the same day and since then he is in custody. It is argued by the applicant that although the alleged contraband was seized on 27.08.2022, the CA report is not on record. There is violation of Rule 14 of the NDPS Rules. Under Rule 14 the report was required to be sent by the CFSL within 15 days from the date of receipt of samples. In the absence of the CA report the applicant cannot be compelled to remain in custody till the trial is over. The applicant is entitled for speedy trial. The applicant cannot be detained in custody for indefinite period. They refer to the case of Rabi Prakash v. The State of Odisha wherein the accused facing prosecution under the NDPS Act was directed to be enlarged on bail on the ground of long incarceration in custody. It was observed that prolonged incarceration generally militates against most precious fundamental rights guaranteed under Article 21 of the Constitution and in such a situation the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of NDPS Act. The Public Prosecutor argued that although CA report is not received, field test was conducted which indicated that the aforesaid drugs was found in possession of the accused. In view of rigors of Section 37 of the NDPS Act the applicant is not entitled for bail.
Court Analysis and Judgement:
The Court sided with the prosecution and held that assuming that the chemical laboratory has not submitted its report within stipulated time as envisaged under Rule 14, the applicant would not be entitled for bail. Section 37 of the NDPS Act provides that no person accused of offence punishable for offences under section 19 or section 24 or section 27-A and also for offences involving commercial quantity shall be released on bail or on bond unless the Public Prosecutor is given opportunity to oppose the application for such release and where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. In view of the rigors implicit under Section 37 of the NDPS Act, the court held that the applicant in the present case is not entitled for bail.
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Written by- Reema Nayak
