Courts should be slow in granting bail in case of recovery of huge quantity of narcotic: SC

The Supreme Court has said courts should be slow in granting even regular bail to an accused in a case in which a huge quantity of narcotics has been seized, more so when the accused allegedly has criminal antecedents.
The apex court quashed an order of the Madras High Court that granted anticipatory bail to an accused in a case relating to the alleged seizure of 232.5 kg of “ganja”, terming it “cryptic and perverse”.
A bench of justices B R Gavai and Sandeep Mehta noted that the high court had failed to consider that the accused had criminal antecedents and was already arraigned in two cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
“In case of recovery of such a huge quantity of a narcotic substance, the courts should be slow in granting even regular bail to the accused, what to talk of anticipatory bail, more so when the accused is alleged to be having criminal antecedents,” the bench said in its order passed on February 12.
The court was hearing an appeal filed by the state of Tamil Nadu against the January 2022 order of the high court that had granted anticipatory bail to the accused in a case lodged under the NDPS Act.
It noted that according to the records, on a search of the house of two people, they were found to be in possession of 232.5 kg of “ganja” and it was indicated that the accused was the conspirator behind the procurement or supply of the narcotic substance.
It also noted that the public prosecutor had opposed the prayer for the grant of anticipatory bail to the accused in the high court.
The bench said it was apparent that the high court ignored the prosecutor’s submission that the accused was arraigned in three more previous cases, two of which involved offences under the NDPS Act.