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1 - 10 of 18 (0.40 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 42 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Section 25 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 29 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Raghubir Singh & Others Etc vs State Of Bihar on 19 September, 1986
[19] In Raghubir Singh Vs. State of Bihar reported in (1986) 4
SCC 481 the Hon'ble Apex Court laid down the circumstances under
which bail granted to an accused can be cancelled. It has been held by
the Apex Court in the said judgment that bail granted to an accused can
be cancelled where (i) the accused misuses his liberty by indulging in
similar criminal activity, (ii) interferes with the course of investigation,
Section 19 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Satpal Singh vs The State Of Punjab on 27 March, 2018
[10] It is contended by Mr. Datta, learned P.P that the trial court
granted anticipatory bail to the petitioner even without making any
reference to section 37 of the NDPS Act which is totally illegal and
unsustainable. Mr. Datta, learned P.P representing the petitioner has
also relied in the judgment of the Hon'ble Apex Court in State of
Kerala & Ors. Vs. Rajesh & Ors. reported in (2020) 12 SCC 122
wherein the Apex Court having reiterated the ratio decided in the case
of Satpal Singh (Supra) held that the jurisdiction of court to grant bail in
a case under the NDPS Act involving commercial quantity is
circumscribed by the provisions of section 37 NDPS Act. The Apex Court
held that bail cannot be granted to an accused under NDPS Act where
B.A No. 63 of 2021
Page - 8 of 14
commercial quantity of contraband is involved without recording the
satisfaction of the court that there are reasonable grounds for believing
that the accused is not guilty of such offence and recording of such
finding mandated under section 37 NDPS Act is a sine qua non for
granting bail to the accused under the NDPS Act. Learned P.P has relied
on paragraphs 19,20 and 21 of the said judgment of the Hon'ble Apex
Court which read as under: