If proof available, accused can be held irrespective of drug haul: HC

Guwahati: Gauhati High Court has held that recovery or seizure of narcotic drugs and psychotropic substances is not an essential condition for arrest, detention or conviction of individuals if there are other convincing and corroborating materials against the accused.
The court, while rejecting an anticipatory bail petition in connection with a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985, said the offences under the Act are part of organised crime.
The case of the petitioner is that the allegations in the FIR were incorrect. Police seized 44,160 bottles of Eskuf cough syrup without any document from a vehicle intercepted by police in Karimganj district. The consignment was sold by the petitioner to a distributor.
The court of Justice Sanjay Kumar Medhi observed tht section 37 of the NDPS Act lays down that before granting bail, the court should be convinced that prima facie the petitioner is not guilty of the offence and also the petitioner has to satisfy the court that in case bail is granted, he is not likely to commit further offences. The aforesaid two factors did not seem to be fulfilled in the present case, and therefore the bail applications were dismissed, it said.