Case Note & Summary
The petitioner, Sagar Sitaram Mitre, was accused No.2 in a case under the NDPS Act for possessing 5.5 grams of Ganja. He was granted bail on 18.12.2018 with a condition not to leave Goa without court permission. Subsequently, his mother fell ill, and he went to Mumbai to care for her without obtaining prior leave. The prosecution applied for cancellation of bail, which was granted on 15.06.2019. After surrendering, the petitioner applied for fresh bail, which was rejected on 07.10.2019. The High Court examined whether the violation was willful. It noted that the trial was prolonged due to adjournments sought by the prosecution, and the petitioner had no intention to evade trial. The court emphasized that bail cancellation requires a willful breach, and the quantity of contraband was small. The petitioner had already been in custody for a period exceeding the maximum sentence for the alleged offence. The court set aside both orders and granted bail to the petitioner on conditions.
Headnote
A) Criminal Procedure - Bail Cancellation - Willful Violation - The court held that cancellation of bail requires a willful and deliberate violation of bail conditions; mere absence from jurisdiction due to family emergency does not constitute willful violation. (Paras 6-10)
B) Narcotic Drugs - Small Quantity - Bail - Under the NDPS Act, for small quantities of contraband, bail is the rule and incarceration is the exception; long pre-trial detention exceeding possible sentence warrants bail. (Paras 7-10)
C) Criminal Procedure - Bail - Subsequent Bail - After cancellation of bail, a fresh bail application must be considered on its own merits, including the period of incarceration already undergone. (Paras 5-10)
Issue of Consideration
Whether the trial court was justified in cancelling bail and refusing subsequent bail to the petitioner for allegedly violating bail conditions by leaving the state without permission.
Final Decision
The High Court allowed the writ petition, set aside the orders dated 15.06.2019 and 07.10.2019, and directed that the petitioner be released on bail on such terms and conditions as the trial court may deem fit.
Law Points
- Bail cancellation requires willful violation of conditions
- minor quantity of contraband
- long pre-trial incarceration exceeding possible sentence
- right to bail under NDPS Act for small quantities
Case Details
2020 LawText (BOM) (09) 61
Criminal Writ Petition No.38 of 2020
Shri Marvin D'Souza for Petitioner, Shri S.R. Rivankar (Special Public Prosecutor) with Shri G. Nagvekar (Additional Public Prosecutor) for Respondent
Bhanu Pratap, Intelligence Officer, Narcotics Control Bureau Sub-Zone, Goa
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Nature of Litigation
Criminal writ petition challenging cancellation of bail and refusal of subsequent bail in a case under the NDPS Act.
Remedy Sought
Petitioner sought setting aside of orders dated 15.06.2019 cancelling bail and 07.10.2019 refusing fresh bail, and prayed for release on bail.
Filing Reason
Petitioner's bail was cancelled for allegedly violating a condition by leaving Goa without court permission to attend to his ill mother.
Previous Decisions
Trial court granted bail on 18.12.2018 with conditions; cancelled bail on 15.06.2019; rejected fresh bail on 07.10.2019.
Issues
Whether the trial court was justified in cancelling bail for alleged violation of conditions.
Whether the trial court was justified in rejecting subsequent bail application after cancellation.
Submissions/Arguments
Petitioner argued that the violation was not willful as he left to care for his ill mother and there was no trial date fixed; the quantity of contraband was small; pre-trial incarceration exceeded possible sentence.
Respondent argued that the petitioner violated bail conditions by leaving the state without permission, warranting cancellation.
Ratio Decidendi
Cancellation of bail requires a willful and deliberate violation of bail conditions; mere absence due to family emergency without intent to evade trial does not constitute willful violation. For small quantities under the NDPS Act, bail is the rule, and long pre-trial detention exceeding possible sentence warrants bail.
Judgment Excerpts
Heard. Rule. The learned Special Public Prosecutor waives service for the respondent.
Petitioner Sagar Sitaram Mitre is the Accused No.2 in Spl. Crl. Case (NDPS) No.11 of 2016.
He was charged with the offence punishable under Sections 8(c), 20(B) and 29 of the NDPS Act.
Sagar was granted bail with conditions. Later, he was found to have violated a condition.
the trial Court cancelled the bail.
Sagar’s mother took ill; so he had to rush to Mumbai to take care of her.
the learned counsel contends that Sagar was carrying only a minor quantity.
Sagar’s long pre-trial incarceration has already exceeded the sentence the alleged crime
Procedural History
Petitioner was arrested in December 2015; granted bail on 18.12.2018; bail cancelled on 15.06.2019 for alleged violation; fresh bail application rejected on 07.10.2019; filed Criminal Writ Petition in December 2019; judgment on 01.09.2020.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 8(c), 20(B), 29
