Jammu, July 13: In a significant order under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Court of the Sessions Judge/Special Judge (NDPS Cases), Jammu, presided over by Parvaiz Iqbal, has granted bail to an accused arrested by the Narcotics Control Bureau (NCB), Jammu, observing that the stringent embargo on bail contained in Section 37 of the NDPS Act was not applicable in the case after the accused had been discharged of the offence under Section 27A.
The bail application was filed on behalf of Maqsood Ahmad Lone, son of Farooq Ahmad Lone, a resident of Noorpora, Tehsil Awantipora, District Pulwama, and was argued by Advocate M. A. Dar. The prosecution was represented by Special Public Prosecutor Ajay Singh Manhas on behalf of the NCB.
According to the case record, the NCB had initially booked the accused for offences punishable under Sections 8, 15, 27A, 29 and 60 of the NDPS Act in connection with an alleged narcotics case. However, during the stage of consideration of charge, the Special Court found that the material on record did not justify framing of charge under Section 27A, which deals with financing illicit trafficking and harbouring offenders. Consequently, the accused was discharged of that offence.
Thereafter, the Court framed charges only under Sections 8, 15, 29 and 60 of the NDPS Act. While hearing the bail plea, the defence argued that since the charge under Section 27A had already been dropped, the statutory restrictions on the grant of bail under Section 37 were no longer attracted. It was further submitted that the remaining offences carry a maximum punishment that does not exceed ten years, making the accused entitled to consideration for regular bail on settled legal principles.
After hearing both sides and examining the record, the Court agreed with the defence submissions. The Court observed that the stringent conditions prescribed under Section 37 of the NDPS Act are applicable only in specified categories of offences, and in the present case those restrictions ceased to operate after the accused was discharged of the offence under Section 27A.
Taking into account the facts and circumstances of the case, the nature of the offences for which charges have been framed, and the legal position governing the grant of bail, the Court allowed the application and directed that the accused be released on bail.
The Court ordered that Maqsood Ahmad Lone be released on furnishing a personal bond of ₹1 lakh along with two sureties of the like amount to the satisfaction of the Superintendent of the concerned jail. The accused has also been directed to strictly comply with all conditions imposed by the Court while remaining on bail and to cooperate with the trial proceedings.
The order is considered significant as it reiterates that once an accused is discharged of offences attracting the stringent provisions of Section 37 of the NDPS Act, the question of bail is to be considered on the basis of the offences that actually survive after the framing of charges, rather than on the allegations contained in the original complaint or FIR. The trial in the case will continue on the charges framed under Sections 8, 15, 29 and 60 of the NDPS Act.
