The Allahabad High Court has delivered a significant judgment affirming that anticipatory bail pleas are maintainable in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Uttar Pradesh. This ruling effectively overrides the restrictions imposed by the state's Criminal Procedure Code (UP Amendment) Act, 2018, particularly Section 438(6), which had previously barred anticipatory bail in such cases. The court's decision underscores the supremacy of central legislation over state amendments, ensuring that individuals accused under the NDPS Act have access to anticipatory bail, aligning with provisions available in other parts of India.
Historically, Section 438 of the Criminal Procedure Code (CrPC) provided for anticipatory bail, allowing individuals to seek bail in anticipation of arrest for non-bailable offenses. However, during the Emergency period in 1976, this provision was omitted in Uttar Pradesh. It was later revived by the Criminal Procedure Code (UP Amendment) Act, 2018, effective from June 6, 2019. Despite this revival, the amendment introduced a significant restriction: Section 438(6) barred the grant of anticipatory bail in cases involving serious offenses, including those under the NDPS Act.
The recent enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, a central legislation, has introduced a new legal framework. Section 482 of the BNSS 2023 provides for anticipatory bail, overriding the state-specific provisions of the CrPC (UP Amendment) Act 2018. The Allahabad High Court, in its judgment, held that the central legislation takes precedence over the state amendment, thereby making anticipatory bail pleas maintainable in NDPS Act cases.
The case before the court involved Sudhir Kumar Chaurasia, who sought anticipatory bail after Section 22(c) of the NDPS Act was added to an existing FIR against him. The State raised objections regarding the maintainability of the anticipatory bail plea, citing the restrictions under the CrPC (UP Amendment) Act 2018. However, the court dismissed these objections, stating that the enactment of the BNSS 2023 had effectively repealed the previous bar on anticipatory bail in NDPS Act cases.
The court's decision is significant as it clarifies the legal position regarding anticipatory bail in Uttar Pradesh. It underscores the supremacy of central legislation over state amendments and ensures that individuals accused under the NDPS Act have access to anticipatory bail, aligning with the provisions available in other parts of India.
This ruling also highlights the dynamic nature of legal provisions and the importance of staying updated with legislative changes. Legal practitioners and individuals in Uttar Pradesh must now consider the implications of the BNSS 2023 when dealing with anticipatory bail applications in NDPS Act cases.
In conclusion, the Allahabad High Court's judgment marks a pivotal moment in the interpretation of anticipatory bail provisions in Uttar Pradesh. By upholding the applicability of Section 482 of the BNSS 2023 in NDPS Act cases, the court has reinforced the principle that central laws prevail over state amendments, thereby ensuring uniformity and fairness in the legal process.
 Act 2018: Allahabad High Court){kind=link}
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