Bail to Foreign National -- Repeat Offender with Fake Surety in Commercial Quantity NDPS Case -- Bail cancelled and directions issued on verification of sureties for foreign nationals
(i) Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 -- Bail to Foreign National -- Repeat Offender with Fake Surety in Commercial Quantity NDPS Case -- Statutory requirements governing bail in commercial quantity cases must be adequately considered before grant of bail. Absence of recovery from accused and prolonged incarceration alone are not sufficient grounds where the accused stands previously convicted and enhanced punishment provisions apply. (ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.31A -- Bail to Foreign National -- Previous Conviction of Accused -- Enhanced punishment for repeat offenders applies where the accused has a prior conviction under the Act, and this factor must be considered while examining a bail application in a subsequent commercial quantity case. (iii) Constitution of India, Art.142 -- Bail to Foreign National -- Fake Sureties and Lack of Uniform Verification -- Absence of uniform procedure for verification of sureties across jurisdictions, coupled with rampant instances of fake sureties furnished by foreign nationals, justifies exercise of power to issue binding directions on deposit of passport, registration with FRRO, timely verification of sureties, and creation of a centralised database of accused and sureties in commercial quantity NDPS cases involving foreign nationals.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
