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2016 (8) TMI 1050 - HC - Indian LawsSeeking to cancel the bail granted to the respondent by the learned Additional District and Sessions Judge (Special Court for E.C. and NDPS Act cases - bail granted on medical terms - Held that:- From the materials available on record, it is seen that the respondent has committed a heinous crime against the society. As per Section 37 of NDPS Act, there is a bar for grant of bail to accused person, who is in possession of commercial quantity. The learned Additional District and Sessions Judge has not considered the gravity of offence and provisions of Section 37 of NDPS Act and the fact that the allegation against the respondent is, he was dealing and making arrangement for transporting contraband for more than commercial quantity. The learned Additional District and Sessions Judge has not considered these aspects and enlarged the respondent on bail on the sole ground that he is suffering from diabetes and he needs treatment and personal care by his wife. The Hon'ble Apex Court in a number of judgments, especially in the judgments reported Kanwar Singh Meena Vs. State of Rajasthan and another [2012 (10) TMI 1114 - SUPREME COURT] and Neeru Yadav Vs. State of Uttar Pradesh and another [2015 (9) TMI 1430 - SUPREME COURT ] has held that the order enlarging the accused person on bail or granting anticipatory bail without considering the serious allegation made against the accused person and without considering as to whether any prima facie case has been made out and quantum of punishment that may be imposed, then the said order is illegal. The ratio in the above judgments and the judgments relied on by the learned Special Public Prosecutor appearing for the petitioner is squarely applicable to the facts of the present case. Hence, the order of the learned Additional District and Sessions Judge enlarging the respondent on bail, is illegal and non-est in law. Therefore, this criminal original petition is liable to be allowed. Accordingly, the criminal original petition is allowed and the bail granted to the respondent by the learned Additional District and Sessions Judge (Special Court for E.C. and NDPS Act cases), Pudukottai is cancelled.
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