SC Sets Aside HC Bail to NDPS Offenders

Hyderabad:The Supreme Court on Wednesday made it clear that the twin conditions under Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act (NDPS) must be positively considered while granting bail to the offenders.

The apex court set aside the order of the Telangana High Court granting bail to the offenders involved in an NDPS case on routine basis.

The SC took this decision while responding to an appeal filed by the Directorate of Revenue Intelligence (DRI) challenging the bails to the accused in the NDPS cases.

The SC opined that the question of satisfaction or otherwise of the twin conditions under Section 37(1)(b) of the NDPS Act-1985 were absent in the order of the Telangana High Court.

The twin conditions under Section 37(1)(b)(ii) of the NDPS Act, viz, firstly, there are reasonable grounds for believing that the accused is not guilty of such offence and, econdly, the offender is not likely to commit any offence while on bail. The SC remanded the cases to the Telangana High Court to reconsider them afresh.