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Kana Ram vs State on 4 May, 2017 cites

Union Of India (Uoi) vs Thamisharasi And Ors. on 1 May, 1995

I have given my thoughtful consideration to the arguments advanced at the Bar and have gone through the material available on record. Apparently the learned trial Court committed gross illegality on both the counts while rejecting the petitioner's bail application by order dated 17.4.2017. Since weight of the contraband recovered from the possession of the petitioner was less than the prescribed commercial quantity, apparently the rider contained in Section 37 of the NDPS Act would not operate against the petitioner's endeavor to claim bail. Further, the observation made by the learned trial Court in the order dated 17.4.2017 while relying upon a Punjab High Court Judgment that the restriction contained in Section 37 of the NDPS Act has overriding effect on the mandate of Section 167(2) Cr.P.C. is totally unfounded and baseless. This controversy is no longer res-integra in view of ratio of the judgment rendered by the Hon'ble Supreme Court in the case of Union of India Vs. Thamisharasi and Ors. reported in 1995 volume 4 SCC 190. In the said judgment the Hon'ble Supreme Court clearly ruled that the right of compulsive bail available to the accused under Section 167(2) Cr.P.C. cannot be curtailed by Section 37 of the NDPS Act. Furthermore, the trial (4 of 4) [CRLMB-3665/2017] Court overlooked the amendment made in Section 36 of the NDPS Act whereby, the duration of 90 days as mentioned in Section 167(2) Cr.P.C. has been extended to 180 days in cases where the recovered contraband is more than commercial quantity. Thus, the intention of the legislature is clear to the effect that Section 167(2) Cr.P.C. does apply even to cases under the NDPS Act. As the recovered contraband in the present case is less comercial quantity, the maximum punishment for such offence is upto 10 years and thus, the period of limitation for submission of charge- sheet available to the prosecution while the accused is in custody would only be 60 days.
Supreme Court of India Cites 19 - Cited by 104 - J S Verma - Full Document
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