The Supreme Court on Thursday expressed significant concerns regarding the issuance of anticipatory bail in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, describing it as a “very serious” and “unheard of” practice. The remarks came during a session where the bench, led by Justice B R Gavai and including Justices Aravind Kumar and K V Viswanathan, was addressing a plea for regular bail filed by an accused in West Bengal.
The case, which involves alleged offenses under the NDPS Act, saw a surprising decision by a lower court to grant anticipatory bail to four out of six accused, a rarity in such severe drug-related cases. The Supreme Court has now issued a notice to the West Bengal government, urging a reassessment of whether to seek the cancellation of these bails.
During the hearing, the petitioner’s counsel highlighted that while four accused had received pre-arrest bail, only one was on regular bail, underscoring the unusual leniency shown in this matter. The bench expressed its astonishment at the lower court’s decision and emphasized the gravity of granting anticipatory bail in NDPS cases, which typically involve stringent conditions for bail due to the severe nature of the offenses.
The top court’s directive to the state government reflects its caution against setting a precedent that might undermine the stringent legal framework designed to combat drug trafficking and related crimes under the NDPS Act. The decision also follows a July ruling by the Calcutta High Court, which denied the regular bail application of the petitioner after laboratory tests confirmed that the substances involved were indeed illegal drugs in commercial quantities.
