Supreme Court of India
Union Of India (Uoi) vs Ikram Khan And Ors. on 13 January, 2000
Equivalent citations: AIR2000SC3397, 2001(2)ALT(CRI)130, 2000(69)ECC631, JT2000(2)SC280, (2000)9SCC221, AIR 2000 SUPREME COURT 3397, 2000 AIR SCW 1729, (2001) 4 SUPREME 178, (2000) 40 ALLCRIC 655, (2000) 2 EASTCRIC 435, (2000) SC CR R 537, (2000) 1 CURCRIR 306, (2000) 27 ALLCRIR 661, (2001) 3 CRIMES 33(1), 2000 (9) SCC 221, (2001) 2 EASTCRIC 298, (2000) SC CR R 623, (2001) 4 SUPREME 254, (2000) 27 ALLCRIR 583, (2000) 1 ALLCRILR 705, (2001) 3 CRIMES 50, (2001) 2 ANDHLT(CRI) 130, (2000) 2 JT 280 (SC), (2000) 2 JT 38 (SC), 2000 SCC (CRI) 1493, (2017) 1 CURCC 60, (2017) 2 SCALE 261, 2017 (2) SCC (CRI) 530, 2017 (5) SCC 249, (2017) 66 OCR 1020
Author: U.C. Banerjee
Bench: U.C. Banerjee
JUDGMENT
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 Narcotic Drugs and Psychotropic Substances Act (Narcotic Drugs & Psychotropic Substances Act) is pending. As the trial has not begun for four years, the High Court appears to have re-fused to exercise its power to cancel the bail.
3. But, while considering the question of bail, the Court was not borne in mind the provisions of Section 37 of the Narcotic Drugs & Psychotropic Substances Act which are mandatory in nature and the Court must bear in mind the said provisions before deciding an application of bail in case an accused is facing a trial under the provisions of the Narcotic Drugs & Psychotropic Substances 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. The appeal stands allowed accordingly.