Union of India Vs. Ikram Khan & Ors.
EmailAppeal: Criminal Appeal No. 37 of 2000
(Arising out of SLP(Crl) No. 1129 of 1999)
(Arising out of SLP(Crl) No. 1129 of 1999)
Petitioner: Union of India
Respondent: Ikram Khan & Ors.
Apeal: Criminal Appeal No. 37 of 2000
(Arising out of SLP(Crl) No. 1129 of 1999)
(Arising out of SLP(Crl) No. 1129 of 1999)
Judges: G.B. PATTANAIK & U.C. BANERJEE, JJ.
Date of Judgment: Jan 13, 2000
Head Note:
CRIMINAL LAW
Narcotics and Psychotropic Substances Act, 1985
Section 37- Bail – Grant of – Accused charged with offence under the Narcotics Act – High Court granting bail – Court refusing to cancel bail on the ground that trial had not begun though four years had elapsed. Held since the court had not borne in mind the provisions of Section 37 of Narcotics Act which was mandatory in nature grant of bail and refusal to cancel the bail cannot be sustained.
Narcotics and Psychotropic Substances Act, 1985
Section 37- Bail – Grant of – Accused charged with offence under the Narcotics Act – High Court granting bail – Court refusing to cancel bail on the ground that trial had not begun though four years had elapsed. Held since the court had not borne in mind the provisions of Section 37 of Narcotics Act which was mandatory in nature grant of bail and refusal to cancel the bail cannot be sustained.
JUDGEMENT:
ORDER
1. Leave granted.
2. This appeal by the Union of India has been filed against the order of the High Court granting bail to the accused against whom a proceeding under the Narcotics Drugs and Psychotropic Substanc-es Act (NDPS Act) is pending. As the trial has not begun for four years, the High Court appears to have refused to exercise its power to cancel the bail.
3. But, while considering the question of bail, the Court has not borne in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature and the Court must bear in mind the said provisions before deciding an application for bail in case an accused is facing a trial under the provisions of the NDPS Act. In that view of the matter, the impugned orders of the High Court granting bail as well as refusing to cancel the bail cannot be sustained and we quash the same.
4. The appeal stands allowed accordingly.
1. Leave granted.
2. This appeal by the Union of India has been filed against the order of the High Court granting bail to the accused against whom a proceeding under the Narcotics Drugs and Psychotropic Substanc-es Act (NDPS Act) is pending. As the trial has not begun for four years, the High Court appears to have refused to exercise its power to cancel the bail.
3. But, while considering the question of bail, the Court has not borne in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature and the Court must bear in mind the said provisions before deciding an application for bail in case an accused is facing a trial under the provisions of the NDPS Act. In that view of the matter, the impugned orders of the High Court granting bail as well as refusing to cancel the bail cannot be sustained and we quash the same.
4. The appeal stands allowed accordingly.
