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S.C. Legal Aid Committee Representrial ... vs Union Of India on 7 October, 1994 cites

Raj Kumar Karwal vs Union Of India And Ors.Withkirpal Mohan ... on 21 March, 1990

The Judgment of the Court was delivered by AHMADI, J.- The Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), hereinafter alluded to as "the Act", was enacted inter alia to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and for matters connected therewith. The enactment received the President's assent on 16-9-1985. The dictionary of the Act is to be found in Section 2 thereof. Section 2(.xxix) says that words and expressions used in the Act and not defined but defined in the Code of Criminal Procedure, 1973, hereinafter called "the Code", shall have the meanings assigned to them in the Code. The Act is divided into six chapters comprising 83 sections. Since in the instant case we are concerned with only a few provisions we need not examine the scheme of the Act. We had an occasion to examine the scheme of the Act in some detail in Raj Kumar Karwal v. Union of India1. Chapter IV defines the offences and prescribes stringent punishments, with minimum punishments and fines for them. For certain offences the punishment prescribed can extend to rigorous imprisonment for 20 years and a fine of Rupees two lakhs, with a minimum rigorous imprisonment of 10 years and a fine of Rupees one lakh. By Section 37 offences punishable under the Act are made cognizable and non- bailable. Where the offender is accused of an offence punishable with imprisonment of 5 years or more, the section provides that he shall not be released on bail or on his own bond unless (i) the Public Prosecutor has had an opportunity to oppose the bail and (ii) if bail is opposed, the court is satisfied that there are reasonable grounds for believing that he is not guilty and is not likely to indulge in the commission of similar offences.
Supreme Court of India Cites 62 - Cited by 503 - A M Ahmadi - Full Document
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