SC Questions Anticipatory Bail in NDPS Case, Calls It “Unheard Of”

GG News Bureau
New Delhi, 19th Sept. The Supreme Court on Thursday expressed concern over the grant of anticipatory bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, calling it a “very serious” issue. A bench led by Justice B R Gavai, along with Justices Aravind Kumar and K V Viswanathan, was hearing a plea from an accused seeking regular bail in a case from West Bengal.

During the hearing, the bench questioned the unusual grant of pre-arrest bail in NDPS cases. “In NDPS matters, anticipatory bail is unheard of,” the bench observed. The court issued a notice to the West Bengal government, urging it to consider filing an application for the cancellation of anticipatory bail granted to four other accused in the same case. The bench scheduled the next hearing for four weeks later.

The petitioner’s counsel informed the court that out of six accused, four had been granted anticipatory bail, while another was on regular bail. The Supreme Court emphasized the seriousness of anticipatory bail in NDPS cases and directed the state to evaluate the possibility of cancellation.

The accused had previously challenged the Calcutta High Court’s order from July 2024, which denied him regular bail. The High Court had noted that the forensic samples tested positive for contraband substances and cited the involvement of a commercial quantity of ‘ganja’, making the petitioner ineligible for bail under section 37 of the NDPS Act.