Law: Control of Narcotic Substances (Amendment) Act, 2022

Section: 9, 14 & 15,2(za)

Law: Code of Criminal Procedure, 1898

Section: 497

Tagline : (1) Sections 9, 14 & 15 of CNS Act (2) No conscious knowledge of psychotropic substance was shown (3) Role of petitioner required further probe (4) Benefit of rule of parity should be extended to petitioner according to the principle “like cases should be treated alike”.

Summary

The petitioner challenged the High Court’s refusal to grant post-arrest bail in a narcotics case involving the recovery of Clonazepam tablets under the Control of Narcotic Substances (CNS) Act, 2022. The FIR alleged the petitioner was found near the container carrying the drugs, but he claimed no conscious knowledge or involvement, emphasizing that he was neither the exporter, shipper, clearing agent, nor financer of the shipment. Bail was previously granted to other persons connected to the case, like exporters and company directors. The court found that the differential treatment of the petitioner, despite a similar alleged role, violated the principle of parity ("like cases should be treated alike"). The court recognized a need for further inquiry into the petitioner’s role and held that the prosecution had not produced conclusive evidence, thus granting bail under the doctrine of further inquiry and parity.

Core Points

• The case involved alleged recovery of psychotropic substance Clonazepam under Sections 9, 14, 15 of the CNS Act.
• Petitioner denied conscious knowledge or possession of the contraband; role needs further investigation.
• Petitioner is not exporter, shipper, clearing agent, or financer; other accused granted bail.
• FIR only mentions total weight of contraband without packet details.
• Lack of videography/photography during seizure questioned the credibility of the prosecution’s case.
• Trial court must conduct proper inquiry; bail should not be refused as punishment before trial.
• Doctrine of parity applied — co-accused with similar roles were granted bail, so petitioner should too.
• Bail granted subject to bail bonds of Rs. 200,000 and a solvent surety of the same amount.

Applicable Laws & Sections

Order