anticipatory bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is a «very serious» issue and «unheard of», the Supreme Court said on Thursday. A bench headed by Justice B R Gavai and also comprising Justices Aravind Kumar and K V Viswanathan was hearing a plea filed by an accused seeking regular bail in a case lodged for alleged offences under provisions of the NDPS Act in West Bengal.
The bench directed the West Bengal government to consider whether the state proposes to file an application seeking cancellation of anticipatory bail granted to four accused in a case.
It issued notice to the state of West Bengal on the accused's bail plea and posted it for hearing after four weeks.
The petitioner's counsel told the bench that four of the six accused in the case were granted pre-arrest bail while one of them was on regular bail.
«In NDPS matter, anticipatory bail?» the bench wondered. «In NDPS matter, anticipatory bail is unheard of,» it said.
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