Tripura High Court: Appalled at the shocking revelations made in a bail application, the Bench of Sanjay Karol, CJ. asked for a detailed tabulated data on the number of people granted bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the reasons for granting such bail.
While hearing a bail application on behalf of Krishna Kumar, who along with four others were found consciously possessing 298 kilograms of a contraband substance, the Court made the above-mentioned observations. Another accused in the same case, Pritam Roy, was granted ad-interim bail by a Special Judge on humanitarian grounds. During the hearing of the present case, the Director General of Police (Tripura) was also present. Under instructions from the DGP, a statement with regard to the status of the cases under the provision of the NDPS Act and release of the accused persons only for the year 2018 was furnished. According to this statement, 435 out of 660 people against whom a case was registered under the NDPS Act, were granted bail.
When presented with such shocking data, the learned Judge asked for the reason why was it so facile for accused to get bail under the NDPS Act. The Court questioned “the reasons for grant of bail; is it what is commonly termed as a default bail; is it that the Public Prosecutor conceded to the grant of bail; is it that the Public Prosecutors did not oppose the same; is it that the Courts have passed the orders without following the settled principles of law; or is it that innocent stand falsely implicated. If so, then why no action, in accordance with law, stands taken against the erring persons by the authorities?”
The DGP, Tripura was directed to submit a detailed report of all cases registered under NDPS Act in 2018 in the State of Tripura. It was directed that such report should also include the reasons for the grant of bail (if any) among others.[Haricharan Biswas v. State of Tripura, 2019 SCC OnLine Tri 24, Order dated 10-01-2019]