Tripura HC alerts junior courts on bail pleas in drug cases

Justice Arindam Lodh in an order explained that under the NDPS Act, there are stringent conditions prescribed for granting bail, thereby making bail an exception in such cases and not the rule. It was hearing the government’s plea to cancel the bail granted to three persons accused in an NDPS case who were habitual offenders in the trade of illicit substances.

The Court also criticised the lower courts dealing with NDPS cases for “irresponsibly and rampantly” granting bail to the accused persons on the grounds of procedural violations. It noted that several judgments have settled the position that procedural violations or irregularities in the arrest should not be taken into consideration while deciding on bail applications by persons accused under NDPS Act.

“It is unfortunate that some of the Special Courts (NDPS) are irresponsibly and rampantly enlarging the accused on bail in total disregard to the limitations embodied in Section 37 of NDPS Act,” the order reads. The High Court reiterated that trial courts should take into consideration the procedural violations only during trials and not at the stage of hearing bail.

The Court also directed to circulate the order to all the special judges exercising jurisdiction under the NDPS Act in Tripura “for necessary consideration while granting or rejecting bail applications related to NDPS cases