Case Note & Summary
The applicants, Hetan Ram Gangwani and Yash Ram Gangwani, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with Crime Register No.346 of 2024 registered at Uran Police Station, Maharashtra, for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. The case arose from a seizure of contraband from a co-accused, not from the applicants. The applicants apprehended arrest and approached the High Court. The State opposed the bail, citing the stringent provisions of Section 37 of the NDPS Act. The court examined the material on record and found that no recovery was made from the applicants and there was no evidence of conscious possession. The court held that the bar under Section 37 NDPS Act was not attracted as there was no prima facie case against the applicants. Consequently, the court granted anticipatory bail to the applicants subject to conditions, including furnishing a personal bond and surety, and cooperating with the investigation.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - NDPS Act - Section 37 - Bar on bail - Applicants apprehending arrest in NDPS case where no contraband recovered from them - Held that Section 37 bar not attracted as there is no prima facie case of conscious possession against applicants - Bail granted on conditions (Paras 1-10).
Issue of Consideration
Whether the applicants are entitled to anticipatory bail under Section 438 CrPC in a case under the NDPS Act where no recovery was made from them and the only recovery was from a co-accused.
Final Decision
The court allowed the anticipatory bail application and directed that the applicants be released on bail in the event of arrest, subject to conditions including furnishing a personal bond of Rs.25,000 with one surety, and cooperating with the investigation.
Law Points
- Anticipatory bail under Section 438 CrPC
- Section 37 NDPS Act
- conscious possession
- recovery from co-accused
- prima facie case
