TMI Blog2017 (9) TMI 1445X X X X Extracts X X X X X X X X Extracts X X X X ..... mal requirements under the provisions of the Cr.P.C. or any other enactment. (1) The court must be satisfied that there are reasonable grounds for believing that the person is not guilty of such offence; (2) that person is not likely to commit any offence while on bail. There is no such consideration with regard to the mandatory requirements, while releasing the respondents on bail. Hence, we are satisfied that the matter needs to be considered afresh by the High Court. The impugned order is set aside and the matter is remitted to the High Court for fresh consideration. It will be open to the parties to take all available contentions before the High Court. - CRIMINAL APPEAL NO. 1277 OF 2017 [@ SPECIAL LEAVE PETITION (CRL) NO. 7495 OF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f ₹ 15,000/- (Rupees fifteen thousand) only each with two sureties of like amount, one of whom must be local each, to the satisfaction of the learned Chief Judicial Magistrate, Barasat. 5. Shri Ranjit Kumar, learned Solicitor General, inviting our reference to Section 37 of the NDPS Act submits that there is no consideration by the High Court on the special conditions referred to in Section 37 of the NDPS Act. Section 37 reads as under:- 37. Offences to be cognizable and non-bailable. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for offences under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces under Section 37 of the NDPS Act, in case, the court proposes to grant bail to such a person, two conditions are to be mandatorily satisfied in addition to the normal requirements under the provisions of the Cr.P.C. or any other enactment. (1) The court must be satisfied that there are reasonable grounds for believing that the person is not guilty of such offence; (2) that person is not likely to commit any offence while on bail. 8. There is no such consideration with regard to the mandatory requirements, while releasing the respondents on bail. 9. Hence, we are satisfied that the matter needs to be considered afresh by the High Court. The impugned order is set aside and the matter is remitted to the High Court for fresh consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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