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Union of India Versus Niyazuddin SK & Another

2017 (9) TMI 1445 - SUPREME COURT

Offences under Section 37 of the NDPS Act - bail application - HC [2014 (9) TMI 1126 - CALCUTTA HIGH COURT] held that further detention of the accused/petitioners is not necessary and to be released on bail bond - Held that:- The accusation in the present case is with regard to the fourth factor namely, commercial quantity. Be that as it may, once the Public Prosecutor opposes the application for bail to a person accused of the enumerated offences under Section 37 of the NDPS Act, in case, the c .....

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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 2015] - Dated:- 28-7-2017 - Kurian Joseph And R. Banumathi, JJ. For the Petitioner : Mr. Ranjit Singh,SG Mr. T.C. Sharma,Adv. Mrs .....

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es Act, 1985 (for short 'the NDPS Act'). The consideration by the High Court in the impugned order reads as follows: Having heard the learned advocate for the petitioners and the learned advocate for the State and considering the materials available in the case diary and also considering the fact that the petitioners are in custody for last 203 days and the investigation is complete and the chargesheet has already been submitted and further considering the fact that the consignment in qu .....

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te, 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 .....

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fence 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. 6. Learned counsel for the respondents submits that this is not a case covered under Section 37 of the NDPS Act. It is certainly a matter to be addressed by the High Court. 7. Section 37 of the NDPS Act contains special provisions with reg .....

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