COMMERCIAL QUANTITY : INTERIM BAIL IN NDPS ACT,1985

Because of the stringent provisions contained in Section 37 of the NDPS ACT,1985 it becomes difficult to get regular bail in commercial quantity. But sometimes a situation may arise which requires the accused to take interim bail for limited period of four to six weeks based on medical grounds of himself, his family member or any other reasons.

However, whenever the application for interim bail is filed before the Hon’ble Courts in NDPS ACT,1985 a confusion was always prevailing as to whether whether the conditions of Section 37 of the NDPS Act would apply only to “bail” or would also apply when the accused seeks “interim” bail.

In order to settle the same the Division Bench of Hon’ble Justice Sanjiv Khanna and Justice R.K. Gauba in Athar Perevz Vs State for the first time after having exhaustive discussion on law on bail settled the law and laid down four principles to be applied while granting interim bail in NDPS ACT,1985 which are as follows:-

[1] The trial or the appellate Courts after conviction are entitled to grant “interim” bail to the accused/ convict when exceptional and extra-ordinary circumstances would justify this indulgence. The power is to be sparingly used, when intolerable grief and suffering in the given facts may justify temporary release.

[2] While rejecting or accepting an application for grant of “interim” bail, the trial / appellate Courts will keep in mind the strict provisions of Section 37 /32A of the NDPS Act and only when there are compelling reasons which would justify and require the grant of “interim” bail, should the application be allowed. The Court must take into account whether or not the accused/convict is likely to commit or indulge in similar violations.

[3] While examining the question of grant of “interim” bail, the Court would consider whether sending accused / convict in police custody would be suffice and meets the ends of justice, keeping in view the nature of the offence with which the accused is charged or/and the past conduct of the accused.

[4] Where “interim” bail should be given, it would be granted for minimal time deservedly necessary and can be subject to certain conditions. Interim bail is interim or for a short duration.

Re-iterating and applying the principles as laid down in Athar Perevz Vs State Hon’ble Delhi High Court has granted interim bail in the following cases:

Rajesh Sharma vs Directorate Of Revenue Hon’ble Delhi High has granted an interim bail considering the fact that the mother of the applicant is not well and the medical condition of the mother of the petitioner has been confirmed also keeping in view the previous conduct of the applicant that he was granted interim bail in past and had surrendered before the expiry of the interim bail.

Dilshad vs State Hon’ble Delhi High has granted an interim bail considering the fact that the parental house of the petitioner in a completely dilapidated house, complete disrepair and needs urgent repairs.

Vinod vs State Nct Of Delhi Hon’ble Delhi High has granted an interim bail considering the fact that the daughter of the petitioner is ill and need father support.

Ram Avtar vs Govt. Of Nct Of Delhi Hon’ble Delhi High has granted an interim bail considering the fact that the petitioner’s wife was has advised surgery of the right thigh nail removal and remodelling with bone grafting. As per the medical report, the wife of the petitioner is to be operated on 16.08.2018. Doctor has opined that the patient would require approximately four months to recover.

Therefore, keeping into consideration exceptional circumstances coupled with the previous conduct of the applicant if he was granted interim bail and surrendered before the expiry of the interim bail period had granted interim bail time and again.