SINS OF ACCUSED CAN'T BE VISITED ON FAMILY MEMBERS: SUPREME COURT

SINS OF ACCUSED CAN'T BE VISITED ON FAMILY MEMBERS: SUPREME COURT

The Supreme Court set aside the bail granted to Namdeo Ashruba Nakade and reaffirmed the stringent standards governing bail under the NDPS Act. The respondent was arrested for possession of a huge commercial quantity of ganja, ingeniously concealed in a lorry owned and driven by him, indicating prima facie involvement in organised drug trafficking. The Court held that Section 37 of the NDPS Act imposes mandatory twin conditions for grant of bail in cases involving commercial quantity: the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and that he is not likely to commit any offence while on bail. The High Court failed to record either of these findings, rendering the bail order legally unsustainable. Rejecting mitigating factors, the Court ruled that custody of one year and four months is not excessive for offences punishable with a minimum of ten years’ imprisonment, and undertakings by relatives are legally irrelevant. Bail, the Court reiterated, is an exception under the NDPS Act, not the rule.