STATE OF KERALA ETC. versus RAJESH ETC.

STATE OF KERALA ETC. versus RAJESH ETC.

The High Court erred in granting post-arrest bail without recording the mandatory satisfaction required by Section 37(1)(b)(ii) of the NDPS Act; because the statutory twin conditions were not satisfied, the grant of bail was set aside, bail bonds cancelled and the accused were directed to be taken into custody and trial expedited.

Parties
Appellant: State of Kerala; Respondent: Rajesh; Respondent: Shajimon
Jurisdiction
India
Judgment Date
24 January 2020
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Granting Post Arrest Bail
Outcome
Appeals allowed
Legal Topics
Bail Under NDPS Act, Section 37 NDPS, Commercial Quantity, Post Arrest Bail
Criminal Law Narcotic Drugs and Psychotropic Substances Act, 1985 Code of Criminal Procedure, 1973 Bail Under NDPS Act Section 37 NDPS Commercial Quantity Post Arrest Bail

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Parties

State of Kerala

Appellant

Rajesh

Respondent

Shajimon

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Granting Post Arrest Bail

Legal Issues

  1. 1 Whether the High Court erred in granting post-arrest bail without complying with Section 37(1)(b)(ii) of the NDPS Act
  2. 2 Whether hashish oil above 1 kg constitutes commercial quantity under the NDPS regime and related notification
  3. 3 Whether grant of bail to co-accused absolves other accused from compliance with Section 37 NDPS Act

Ratio Decidendi

The High Court erred in granting post-arrest bail without recording the mandatory satisfaction required by Section 37(1)(b)(ii) of the NDPS Act; because the statutory twin conditions were not satisfied, the grant of bail was set aside, bail bonds cancelled and the accused were directed to be taken into custody and trial expedited.

Court Disposition

Appeals allowed

Orders

  • Impugned High Court orders granting post-arrest bail set aside
  • Bail bonds of the accused respondents cancelled and they are directed to be taken into custody