Crime against society: No automatic bail for technical violations in NDPS cases, says HC

Kolkata: Observing that technical violations do not automatically warrant bail in NDPS cases which are crime against society and the nation, Calcutta High Court rejected about 27 applications for immediate release or interim bail where petitioners argued grounds of arrest were not communicated to them in a language they understood, making such arrests unconstitutional and illegal in the narcotic cases.

The bench of Justice Ajoy Kumar Mukherjee was moved with the bail petitions. The petitioners, accused of offences under the NDPS Act, sought immediate release or interim bail, primarily on grounds of non-compliance with Article 22(1) of the Constitution and Section 52 (1) of the NDPS Act.

The petitioners argued that arrest memos were prepared in English, a language many of them did not understand, as evidenced by their left thumb impressions or signatures in vernacular languages. No written or oral communication of arrest grounds was provided. They alleged non-compliance with Section 50A CrPC (informing kins or legal aid organisations) and lack of videography during searches in some of the cases. In one case, petitioner was allegedly detained for three days before being produced in court while in another a female was arrested allegedly between sunset and sunrise without magistrate’s permission

The state and the Narcotics Control Bureau (NCB) argued that compliance was made with statutory provisions, including service of arrest memos and notices under Section 50 of NDPS Act. Videography too was conducted in most cases. The counsels argued that stringent provisions of NDPS Act restrict bail unless the court is satisfied that the accused is not guilty and unlikely to reoffend. Granting bail on technical grounds would also risk accused absconding, potentially derailing trials.

The court observed that technical violations (non-communication of grounds) do not automatically warrant bail in NDPS cases which are different from ordinary crimes.

Granting bail on technical grounds could open a floodgate of similar claims, allowing accused to abscond and hamper trials. Rejecting prayers for immediate release or interim bail, the court deferred the bail applications for hearing on merit after vacation.