Bail in NDPS cases must not be granted if there is hint of involvement, seizure from accused: Meghalaya High Court

The Meghalaya High Court recently held that even if the bar on granting bail under Section 37 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act does not apply, if there is prima facie involvement of the accused and seizure of drugs, bail should not be granted [Rupa Gurung v. State of Meghalaya]..While denying bail to the accused, Justice W Diengdoh stressed on the menace of drug trafficking in the region. "The menace of drug trafficking and the availability of narcotic drugs in society, particularly in our society is evident basing on the reports that is available where in it is said that the level of drug addiction has increased alarmingly affecting the younger generation. Nevertheless the police are trying to combat this evil by various means, more often than not, the ringleaders or the kingpins as far as the drug peddling is concerned, are yet to be apprehended," the Bench stated.The availability of such narcotic drugs has to be stopped at all costs, the Court made it clear. The Bench further underlined that though a legal procedure has to be followed, the seriousness of the issue cannot be overlooked by any law abiding citizens, law enforcers or even by the Court. "However, technically, in specific cases involving narcotic drugs and psychotropic substances, the rigors of section 37 (of NDPS Act) may not be applicable, nevertheless, if there is even a hint of prima facie involvement, particularly in cases where direct seizure is made from a person, it would be better to let the law take its own course, ala a proper trial.".The accused was arrested in May this year after the local police received information that some persons were carrying illegal contraband from Guwahati to Shillong. Accordingly, the police party arrested the petitioner and his associate, who were travelling in a cab while carrying contraband in their undergarments. The Bench refused to consider the argument of the accused's wife that the Meghalaya High Court itself had granted bail in a case where a person was booked for carrying an intermediate quantity of drugs. The Bench noted that in that case, the co-ordinate bench had concluded that the bar under Section 37 would not apply since the contraband wasn't seized or recovered from the accused.However, in the instant case, Justice Diengdoh noted that the incriminating material was seized from the accused persons.With these observations, the Bench dismissed the bail plea filed by the wife of the accused..Advocates R Gurung, J Thabah and S Shyam appeared for the wife of the accused. Additional Advocate General ND Chullai along with Government Advocate R Colney represented the State. .[Read order]