Justice HP Sandesh said that such issues relating to non-compliance with the mandatory provisions by police is a matter of fact that can be considered at the stage of trial but not during bail plea.
“The judgments referred by this Court and the Apex Court are clear that the bail cannot be granted on the ground of technicality and non-compliance of formalities cannot be considered during the bail stage,” the High Court said.
The Court, therefore, declined to grant bail to a petitioner accused of trafficking narcotic drugs. Since a commercial quantity of manufactured drugs was recovered from the possession of the petitioner, he cannot be released on bail on ground of non-compliance of mandatory provisions by the police, the Court said.
It added that it cannot evaluate the evidence on record while exercising discretion under Section 439 (Special powers of High Court regarding bail) of the Code of Criminal Procedure (CrPC).
“Under Section 37 of the NDPS Act, the Court cannot enlarge the petitioner on bail unless there is a reasonable ground that the petitioner is not guilty and he is not likely to involve in similar offences in future. The Court also has to look into the fact that the drugs which are seized are manufactured drugs which are in conscious possession of this petitioner which was recovered from the pocket of this petitioner and the same is also a commercial quantity and it is also settled law that while granting bail, the Court has to look into the interest of the society at large and if such acts are considered in a lenient way, it affects the society at large,” the Court observed.
Source: Barandbench
