The Supreme Court in the case Union of India (NCB)vs Khalil Uddin observed and has set aside the bail granted to two persons accused in an NDPS case.
The bench comprising of Chief Justice Of India UU Lalit and Justice Bela M. Trivedi observed that the High Court could not ought not to have released the accused on bail, in the face of the mandate of Section 37 of the NDPS Act.
The bench observed that as per the prosecution case, in the car about 13 kgs of morphine was found which was driven by Md. Jakir Hussain who, in a statement recorded under Section 67 of the NDPS Act and has also named his owner accused Abdul Hai. It was found during the course of investigation that contraband material in question was to be handed-over to accused -Khalil Uddin, the owner of a tea shop. Abdul Hai and Khalil Uddin has been granted bail by the Gauhati High Court and aggrieving with the same, the State approached the Apex Court.
The Court noted while considering the appeal that the scope and validity of the statements made under Section 67 is dealt in the judgment in the case Tofan Singh vs. State of Tamil Nadu and that in the case State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr, wherein laying down the rigour down in Tofan Singh was held to be applicable even at the stage of grant of bail.
Further, the court noted while going by the circumstances on record, at the present stage, the strength of the statement of Md. Nizam Uddin, though allegedly retracted later, the present matter stands on a different footing. The court stated that the High Court could not and ought not to have released the accused on bail, in the face of mandate of Section 37 of the Act.
The bench directed the Trial Court for concluding the proceedings as early as possible and preferably within a period of six months from the date of receipt of this order, while setting aside the High Court order.
It was observed by another bench of Supreme Court that an accused under NDPS Act may be able to take advantage of the Tofan Singh judgment at the time of arguing the regular bail application or at the time of final hearing after conclusion of the trial in the case State of Haryana vs Samarth Kumar.
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