‘Unheard of’: SC on grant of anticipatory bail in NDPS case

The Supreme Court on Thursday expressed its surprise at the Calcutta High Court for granting anticipatory bail to several accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, terming the decision “unheard of.”

“Anticipatory bail in an NDPS case? Unheard of. We will issue notice and ask the state to consider moving bail cancellation applications,” said a Bench led by Justice BR Gavai. The court subsequently issued a notice to the West Bengal Government on the matter.

“Grant of anticipatory bail in an NDPS matter is a very serious issue. We, therefore, direct the state to consider whether it proposes to file an application for cancellation of the anticipatory bail granted to the co-accused,” stated the Bench, which also included Justices Aravind Kumar and KV Viswanathan. The observation was made while hearing a petition by an accused seeking regular bail in an NDPS case in West Bengal.

The Supreme Court’s comments followed after advocate Abhijit Sengupta, representing accused Anarul SK, sought bail for his client, invoking parity with a co-accused who had already been released on bail. Sengupta argued that his client has been in custody for nearly 11 months.

Narcotics were allegedly found in the possession of the accused, who was on a motorcycle at the time of the arrest. Based on his statement, other co-accused were apprehended.

Sengupta pointed out that, in addition to four accused who had been granted anticipatory bail, another accused had been released after being granted regular bail by the Calcutta High Court. In response, the Bench inquired, “Who are the other persons who have been granted anticipatory bail?”

The Supreme Court has scheduled a hearing for four weeks from now on Anarul SK’s petition challenging the Calcutta High Court’s July 8, 2024 order, which dismissed his regular bail plea. The case was initially lodged in October 2023.