Unheard of: SC on HC giving pre-arrest 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 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 court was hearing a petition by an accused seeking regular bail in an NDPS case in West Bengal.

The SC’s comments followed after advocate Abhijit Sengupta, representing Anarul SK, sought bail for his client, invoking parity with a co-accused who had already been released on bail. Sengupta argued his client had been in custody for nearly 11 months. The SC has scheduled a hearing for four weeks from now on Anarul’s plea challenging the HC’s order, which dismissed his regular bail plea.