Granting
anticipatory bail in a case registered under the Narcotic Drugs and
Psychotropic Substances (NDPS) Act is a "very serious" issue and
"unheard of", the Supreme Court said on Thursday.
A
bench headed by Justice B R Gavai and also comprising Justices Aravind Kumar
and K V Viswanathan was hearing a plea filed by an accused seeking regular bail
in a case lodged for alleged offences under provisions of the NDPS Act in West
Bengal.
The
bench directed the West Bengal government to consider whether the state
proposes to file an application seeking cancellation of anticipatory bail
granted to four accused in a case.
It
issued notice to the state of West Bengal on the accused's bail plea and posted
it for hearing after four weeks.
The
petitioner's counsel told the bench that four of the six accused in the case
were granted pre-arrest bail while one of them was on regular bail.
"In
NDPS matter, anticipatory bail?" the bench wondered. "In NDPS matter,
anticipatory bail is unheard of," it said.
"We
can issue notice (on the plea) and direct the state to file an application for
cancellation of the anticipatory bail granted to the co-accused," the
court observed.
"Grant
of anticipatory bail in a NDPS matter is a very serious issue. We, therefore,
direct the state to consider whether it proposes to file an application for
cancellation of the anticipatory bail granted to the co-accused," the top
court said.
In
the plea, the accused challenged the Calcutta High Court's order of July this
year dismissing his application seeking regular bail in the case lodged in
October 2023.
"The
samples that were sent to FSL have tested positive indicating that the
materials seized from the petitioner are contraband," the high court had
said in its order.
"In
view of commercial quantity of 'ganja' being involved and keeping in mind the
restrictions in section 37 of the NDPS Act, we are not inclined to grant bail
to the petitioner at this stage," it said.