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2010 (3) TMI 728 - HC - Indian LawsStrictures against judicial officer – Bail sought in case under Narcotic Drugs and Psychotropic Substances Act, 1985 based on bail order of High Court to another accused, rejected by Sessions Judge - The learned Sessions Judge appears to have interpreted the decision of the High Court according to his own imagination - The High Court had relied on the decision of the Supreme Court in Union of India v. Thamisharasi and Others [(1995) 4 SCC 190] – Binding precedent should be respected and followed by subordinate courts - Personal views should not be reflected in the judicial orders passed by a judicial officer, if the same runs contra to the law laid down by the superior courts- Such practice is liable to be condemned Bail - The learned counsel for the petitioners submitted that the petitioners are entitled to get default bail under the proviso to Section 167(2) of the Code of Criminal Procedure, since no application was filed by the prosecution to enlarge the period of 180 days mentioned in the proviso to sub-section (4) of Section 36A of the NDPS Act - The petitioners shall be released on bail subject to the condition mentioned in the order
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