‘Irregularities by prosecution no grounds for bail,’ Madras HC tells HIV-affected accused in drug case

CHENNAI: Observing that the procedural irregularities committed by the prosecution in securing evidence cannot be the grounds for the accused to claim bail, the Madras High Court denied bail to an HIV-affected accused booked for a drug trafficking charge.

Justice CV Karthikeyan denied bail to the accused for the fourth time as he failed to satisfy the twin conditions by placing reasonable ground believing he is not guilty and would not commit the alleged offence if released on bail, according to section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Though the prosecution failed to establish that seized contraband samples that were drawn either at the time of arrest or when remanded to the custody of the magistrate court, the judge rejected the contentions of the petitioner as the irregularities on the part of the prosecution alone are not enough to release the accused on bail.

In November 2022, the police personnel of N4 Fishing Harbour police station, Chennai, arrested the petitioner S Mohan Babu, and another accused for allegedly being found in possession of 60 grams of Methamphetamine, a psychotropic drug. They were booked under Sections 8 (c), 22 (c), and 29 (1) of the NDPS Act and later remanded in judicial custody.

The counsel for the petitioner submitted that there is no indication that samples had been taken from the seized drug and raised doubt whether the seized alleged contraband is Methamphetamine as claimed by the prosecution or not.

This circumstance would satisfy one of the twin conditions under Section 37 of the NDPS Act as there could be a likelihood of the petitioner being held not guilty on completion of the trial, contended the counsel.

He also sought bail on the ground that the petitioner has been affected with HIV and confined under custody since November 2022.