The Supreme Court Reiterates That Anticipatory Bail Is Never Granted in NDPS Act Cases.

The Supreme Court reiterates that Anticipatory Bail is never granted in NDPS Act cases.

The Supreme Court orally observed yesterday, while refusing to interfere with Punjab and Haryana High Court's denial of anticipatory bail to an accused

The Supreme Court has orally observed that "Anticipatory bail is never granted in NDPS case". The observation was made while refusing to interfere with the order of the High Court of Punjab and Haryana which had denied Anticipatory Bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Supreme Court however added that the petitioner could surrender before the Trial Court and apply for regular bail, which shall be dealt with on its own merits in accordance with law.

As per the prosecution case, the name of the petitioner surfaced in disclosure statements of co-accused, from whose possession recovery of 60 kgs of Doda Post and 1kg 800 grams of opium was recovered. The petitioner was named by the co-accused as supplier of the contraband.

The state opposed the bail plea before the High Court, contending that the contraband recovered fell within commercial quantity, attracting Section 37 of NDPS Act, and custodial interrogation of the petitioner was required to unearth the modus operandi.

The petitioner, on the other hand, claimed that he was falsely implicated and roped in based on disclosure statements, though he was not named in the FIR.

Dinesh Chander Vs. State of Haryana