Grant Of Anticipatory Bail Is ‘Unheard Of’ In The NDPS Matter: Supreme Court

While hearing a case, today (September 19, 2024), under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Supreme Court (SC) of India expressed surprise at the grant of anticipatory bail in the NDPS case. The three-judge bench of Justice BR Gavai, Justice Aravind Kumar, and Justice KV Viswanathan said, “Grant of anticipatory bail in an NDPS matter is a very serious issue. We therefore direct the State to consider if it proposes to apply for the cancellation of Anticipatory Bail granted to the accused.” In this case, the narcotics substances were allegedly found in the possession of the accused person’s scooty and he had named other co-accused in his deposition who were granted anticipatory bail. During the proceedings, Advocate Abhijit Sengupta, who appeared for the accused, sought bail for him based on parity with the co-accused who have got bail. He also informed the top court bench that the accused person had been in custody for almost 11 months. After noting that anticipatory bail was granted in the NDPS case, Justice Gavai said, “Anticipatory bail in NDPS matter? …Who are the other persons who have been granted anticipatory bail? In the NDPS matter, the grant of anticipatory bail is unheard of.”