TMI Blog2013 (5) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... rugs and psychotropic substances by the Customs authorities. It appears that another accused who is a Nigerian resident is also involved in this case. On 14.12.11, the Special Judge vide order dated 14.12.11 granted bail in favour of the accused Gideon Syiem on the ground that the other accused is yet to be apprehended and his arrest is time consuming. 2. Being aggrieved by the said impugned order, this instant revision petition has been moved by the Union of India under Section 439(2) and Section 482 CrPC. 3. Mrs. T Yangi, the learned counsel appearing for on behalf of the petitioner submits that, while granting bail, the Court has totally ignored the mandatory provision of Section 37 of the NDPS Act and has also failed to apply judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail. 7. On bare perusal of the said Section referred above, it is clearly understood that no bail can be granted or considered unless Public Prosecutor has been given an opportunity to oppose the bail application. Secondly, Court will have to satisfy that there are reasonable g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intoxicants clandestinely. Reason may be large stake and illegal profit involved. To check the menace of dangerous drugs flooding the market, the Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless mandatory conditions provided in Section 37, namely, i) there are reasonable grounds for believing that accused is not guilty of such offence; and ii) that he is not likely to commit while on bail. Crimes 1995 Vol. II (SC) Union of India vrs Thamisharasi Ors. (Para- 11) is reproduced below : The limitation on the power to release on bail in Section 437 Cr. P. C. is in the nature of a restriction on that power, if reasonable grounds exist for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, it is bad in law, as such, it has no life to survive and needs to be cancelled. 11. Hence by invoking the power under Section 439 (2) CrPC, I hereby cancelled the impugned order dated 14.12.11 and the accused person, Gideon Syiem is directed to surrender before the Special Judge within 3 days. The Special Judge is further directed to take him in custody and to proceed with the trial, if the case has already been charge-sheeted. However, the Court should not be influenced by this order during trial and to proceed with the trial independently. 12. With these observations and directions, the instant revision petition is allowed and stands disposed of. 13. Registry is directed to roll back the Lower Court case record along with a co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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