1. Leave granted.
2. We have heard learned Counsel for the parties.
3. The respondent is accused of an offence under the NDPS Act, 1985. The High Court appears to have completely ignored the mandate of Section 37 of the Narcotic Drugs and Psychotropic Substances Act while granting him bail. The High Court overlooked the prescribed procedure. That was not proper. We, therefore, allow this appeal and set aside the impugned order of the High Court and cancel the bail granted to the respondent.
4. The respondent is directed to surrender before the Trial Court within two weeks and if after surrender, he files an application for grant of bail, the same shall be considered on its own merits uninfluenced by the order made by us today. In case the respondent does not surrender within the aforesaid period, the Trial Court will take steps for apprehending the respondent and remanding him to judicial custody. Appeal is disposed of in the above terms.
Union Of India v. Merajuddin
Union Of India v. Merajuddin
(Supreme Court Of India)
Criminal Appeal No. 426 Of 1999 (Arising Out Of Slp (Crl.) No. 2838 Of 1998) | 12-04-1999
Advocate List
- For
Bench
- HON'BLE CHIEF JUSTICE DR. A.S. ANAND
- HON'BLE MR. JUSTICE M. JAGANNADHA RAO
- HON'BLE MR. JUSTICE N. SANTOSH HEGDE
Eq Citations
- (1999) 6 SCC 43
- 2000 (1) ACR 261 (SC)
- 1999 (66) ECC 60
- 2000 (1) ALD (CRL) 614
- JT 1999 (10) SC 6
- LQ/SC/1999/402
Head Note
Criminal Procedure Code, 1973 — S. 439 — Bail — Bail in NDPS Act cases — Bail granted by High Court without following procedure prescribed under S. 37, NDPS Act, 1985 — Respondent directed to surrender before Trial Court within two weeks and if after surrender, he files an application for grant of bail, the same shall be considered on its own merits uninfluenced by the order made by Supreme Court today — Narcotic Drugs and Psychotropic Substances Act, 1985 — S. 37 (Paras 3 and 4)
