9911796707
TMI Blog2010 (3) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... .47 kgs of Hashish oil in an autorickshaw driven by accused No. 4. It was found that the Hashish oil was kept in the dashboard of the autorickshaw. Accused Nos. 1 to 4 were arrested on 24-7-2009. The prosecution case is that accused Nos. 5 and 6 had supplied the Hashish oil to the other accused. 4. The petitioners are in judicial custody since 24-7-2009. 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 counsel also relied on the decision in Union of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undergone by the petitioner, the nature of the offence and the present stage of investigation and also taking note of the fact that the period of 180 days from the date of arrest of the petitioner is over, I am of the view that bail can be granted to the petitioner." 5. The petitioners moved for bail before the learned Sessions Judge. The applications filed by the petitioners were dismissed by the order dated 27-2-2010. It would appear that the order in B.A. No. 872 of 2010 was brought to the notice of the learned Sessions Judge. However, the learned Sessions Judge brushed aside the contentions put forward by the petitioners and held thus : "11. It is also contended on behalf of the petitioners that the 4th accused has already m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... graph 11 of the order passed by him. Astuteness in making an order is understandable. But, that does not enable a judicial officer to disregard the binding precedents. Even assuming that the order passed in B.A. No. 872 of 2010 need not be treated as a precedent, what about the decision of the Supreme Court referred to in the order passed by the High Court? Did the learned Sessions Judge refer to it? How could the learned Sessions Judge bypass the decision of the Honourable Supreme Court? I am of the view that the binding precedents should be respected and followed by the subordinate courts. The order passed by the learned Sessions Judge (Sri. V.T. Raghunath) does not appear to reflect a healthy trend in the judicial hierarchy. 7. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble by Section 36A of the NDPS Act. 9. The question, therefore, is : Whether Section 37 of the NDPS Act is an inconsistent provision of this kind to exclude the applicability merely of the proviso to sub-section (2) of Section 167 CrPC when sub-section (2) of Section 167 is expressly made applicable by the NDPS Act? The non obstante clause at the beginning of sub-section (1) of Section 37 indicates that the provisions in clauses (a) and (b) thereof are inconsistent with the corresponding provisions of the Code. Clause (a) makes every offence punishable under this Act to be cognizable. Clause (b) imposes limitations on granting of bail specified therein which are in addition to the limitations under the Code of Criminal Procedure on gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Sessions Judge is in clear disregard of the law laid down by the Honourable Supreme Court. 10. A judicial officer may have his own views on questions of law. Those views need not necessarily be in consonance with the decisions of the superior courts. But such 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. If a judicial officer is allowed to do so, there is no meaning in the hierarchy of courts and the powers of the Supreme Court and High Court in the matter of interpreting provisions of law and in laying down the principles. The subordinate courts are not entitled to ignore a binding precedent of the Supreme Court or o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
