Source: Supreme Court

Why in News?

The Supreme Court (SC) has recently disapproved of an order of the Orissa High Court which restricted the bail to a particular time period in the matter of Ranjit Digal v. State of Odisha.

Background

• The matter pertains to offences punishable under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) which was pending in the Court of learned Special Judge cum Additional Sessions Judge, Balliguda.
• The petitioner moved an application for bail before the Court of learned Special Judge which was rejected.
• Hence, an application under Section 439 of the Criminal Procedure Code, 1973 (CrPC) was filed in the Orissa High Court (HC) for grant of bail.
• The HC allowed the interim bail application while stating to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period. Violation of any of the terms and conditions shall entail cancellation of interim bail.
• Aggrieved by the time limit for bail, the appellant approached the Supreme Court.

Court’s Observations

• Bench of Justices Abhay S Oka and Pankaj Mithal allowed the appeal and set aside the HC order. The court also ordered that the bail order shall operate till the disposal of the case by the Trial Court.

Section 439 of CrPC

• This provision grants the High Court and Sessions Court special powers to grant bail.
• Bail under this provision can be granted if the accused is in custody.
  • ‘In custody’ not only means when the police arrest a person or present him before the magistrate for remand or other forms of custody, but also when he surrenders before the court and complies with its orders.

Types of Bail under CrPC

• Regular Bail: The court orders the release of a person who is under arrest from Police custody after paying the amount as bail money. An accused can apply for regular bail under Section 437 and 439 of CrPC.
• Interim Bail: This is a direct order by the court to provide temporary and short-term bail to the accused until his regular or anticipatory bail application is pending before the court.
• Anticipatory Bail: A person under apprehension of arrest for a non-bailable offence may apply for anticipatory bail to the High Court or the Court of Session under Section 438 of CrPC.

NDPS Act

• The NDPS Act, or Narcotic Drugs and Psychotropic Substances Act, is a law enacted to combat the illegal trafficking and abuse of narcotic drugs and psychotropic substances.
• It came into force on 14^th November 1985.
• It prescribes penalties for various offences related to narcotics and psychotropic substances, with the aim of preventing their misuse and promoting public health and safety.

Section 20 (b)(ii)(c) -

Section 20 - Punishment for contravention in relation to cannabis plant and cannabis - Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder —

(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable,

(ii) where such contravention relates to sub-clause (b)

(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees, but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

Section 29 - Punishment for abetment and criminal conspiracy —

(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.

(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which—

(a) would constitute an offence if committed within India; or

(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.