1 hr ago
Supreme Court Denies Anticipatory Bail in Ganja NDPS Case
The Supreme Court heard a request from Biswanath Mandal to avoid being arrested in a ganja case.
The court said it is usually willing to grant bail in cases involving ganja.
However, it did not give Mandal anticipatory bail in this case.
The court told him to surrender to the authorities first.
He can then ask for regular bail.
The case concerns a large amount of ganja allegedly found at a house where his wife lived.
A lower court had said Mandal could not completely separate himself from the house because he was its owner.
The Supreme Court said questions about ownership could be examined during the investigation.
The Supreme Court said it generally takes a “very liberal” approach to bail pleas involving ganja under the NDPS Act.
A Bench of Justices MM Sundresh and PB Varale rejected Biswanath Mandal’s anticipatory bail plea.
The court advised Mandal to surrender and seek regular bail before the authorities.
The case involves the alleged recovery of a “huge quantity” of ganja from Mandal’s wife at a house where she resided.
The Calcutta High Court had refused pre-arrest bail, citing Mandal’s connection to the premises and restrictions under Section 37 of the NDPS Act.
- Who
- The Supreme Court, Biswanath Mandal, his wife, and the Bench of Justices MM Sundresh and PB Varale.
- What
- The Supreme Court rejected Mandal’s anticipatory bail plea in an NDPS case involving alleged ganja recovery but advised him to seek regular bail after surrendering.
- Where
- The matter was heard by the Supreme Court after a Calcutta High Court order refusing anticipatory bail.
- When
- Wednesday; the articles do not provide a specific date.
- Why
- The case involved an alleged large recovery of ganja, and the courts considered Mandal’s connection to the premises and the bail restrictions under Section 37 of the NDPS Act.
Mandal’s Position
Court and Lower Court’s Position
Connection to the house
Mandal’s Position
Mandal’s counsel argued that the house where the alleged contraband was recovered did not belong to him and referred to the exception allowing bail on reasonable grounds.
Court and Lower Court’s Position
The Calcutta High Court said Mandal could not completely disassociate himself from the premises as its owner; the Supreme Court said ownership could be examined during the investigation.
Type of bail requested
Mandal’s Position
Mandal sought anticipatory, or pre-arrest, bail while challenging the Calcutta High Court’s refusal.
Court and Lower Court’s Position
The Supreme Court declined to grant pre-arrest bail and directed him to surrender and seek regular bail instead.
Key facts
- Case type
- Anticipatory bail plea under the Narcotic Drugs and Psychotropic Substances Act
- Applicant
- Biswanath Mandal
- Bench
- Justices MM Sundresh and PB Varale
- Alleged contraband
- A “huge quantity” of ganja
- Supreme Court outcome
- Anticipatory bail plea rejected
- Next legal option
- Surrender and apply for regular bail
- Relevant provision
- Section 37 of the NDPS Act
Quotes
Supreme Court Bench of Justices MM Sundresh and PB Varale
The two-judge Supreme Court Bench hearing Biswanath Mandal’s anticipatory bail plea
“Come for bail, we’ll give you. See, when it comes to ganja, we are very liberal. Whenever it comes to us, we grant bail.”
freepressjournal.in
Sources
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