Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband
The Calcutta High Court on Monday denied anticipatory bail to an accused under the NDPS Act, citing his call details recording showing his connection with a person arrested with commercial quantity of narcotics.The Division Bench comprising Justices Debangsu Basak and Md. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial...
The Calcutta High Court on Monday denied anticipatory bail to an accused under the NDPS Act, citing his call details recording showing his connection with a person arrested with commercial quantity of narcotics.
The Division Bench comprising Justices Debangsu Basak and Md. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. Thus, restrictions under Section 37 of the Act would apply.
Section 37 of the NDPS Act is a stringent anti-bail provision which statutorily precludes the grant of bail in case of offences involving commercial quantities of narcotics drugs and psychotropic substances, among others, unless the Public Prosecutor has been afforded the opportunity to oppose the application for bail and there exists "reasonable grounds for believing" that the accused is not guilty of the alleged offense.
The accused is facing proceedings instituted under Section 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act).
The Court took on record a report of October 30, 2022 submitted by the State in terms of an earlier order of September 28, 2022 whereby the State was directed to establish the existence of a nexus between the bail applicant and individual arrested with the commercial quantity of narcotics and whereupon the Bench took stock of the finding therein recording the existence of call details between the bail applicant and the individual arrested with the commercial quantity of narcotics.
Deeming the said recording of call details as a nexus between the bail applicant and the individual arrested with the commercial quantity of narcotics, the Court ruled:
"Consequently, we are of the view that the petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985."
The application for anticipatory bail was accordingly rejected.
A Division Bench of the High Court had earlier by an order of January 28, 2022 said,
"It is for the petitioner to establish by cogent and unimpeachable evidence that he was not in conversation or contact with the arrested co-accused through the mobile phones which the NCB relies upon to claim nexus between the petitioner and the other co-accused and the conspiracy between them. Given the mandate of Section 37 of the NDPS Act in the facts of the present case, the petitioner has failed to discharge such onus."
Case title: In the matter of: Bapi Sk @ Bapi Sekh, C.R.M. (A) 4585 of 2022
Order date: 31.10.2022
Citation: 2022 LiveLaw (Cal) 328