TMI Blog2004 (3) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... ase the accused does not surrender to custody, as directed, to pass appropriate orders so far as the surety and the amount of security are concerned. It is made clear that no final opinion on the merit of the case has been expressed in this judgment, and whatever has been stated is the background of Section 37 of the Act for the purpose of bail. The appeal is allowed. - 312 of 2004 - - - Dated:- 11-3-2004 - S. Rajendra Babu, Arijit Pasayat and G.P. Mathur, JJ. [Judgment per : Arijit Pasayat, J.]. - Leave granted. 2.Grant of bail to the respondent (hereinafter referred to as 'the accused') by a learned Single Judge, of the Delhi High Court is questioned by the Customs authorities who had purportedly recovered huge quantity of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrol Laboratory which was placed for consideration was held to be of no consequence. Accordingly bail was granted to the respondent on her furnishing personal bond for a sum of Rs. 1,00,000/- with one surety for the like amount to the satisfaction of the Trial Court. It was further stipulated that the respondent-accused was not to leave the jurisdiction of the Trial Court without prior permission from that Court. 4.In support of the appeal, Mr. K.K. Sood, learned Additional Solicitor General, submitted that approach of the High Court is clearly erroneous and overlooks the restrictions and limitations imposed by Section 37 of the NDPS Act. With reference to Serial No. 43 of the Schedule to the Act it is submitted that not only the seized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1973 (2 of 1974) or any other law for the time being in force on granting of bail." 6. As observed by this Court in Union of India v. Thamisharasi Ors. [JT 1995 (4) SC 253] clause (b) of sub-section (1) of Section 37 imposes limitations on granting of bail in addition to those provided under the Code. The two limitations are (1) an opportunity to the Public Prosecutor to oppose the bail application and (2) satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. 7. The limitations on granting of bail come in only when the question of granting bail arises on merits. Apart from the grant of opportunity to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s brought to the notice of the High Court. The same was lightly brushed aside without any justifiable reason. 8. In the aforesaid background, this does not appear to be a case where it could be reasonably believed that the accused was not guilty of the alleged offence. Therefore, the grant of bail to the accused was not called for. The impugned order granting bail is set aside and the bail granted is cancelled. The accused-respondent is directed to surrender to custody forthwith. Additionally it shall be open to the Trial Court to issue notice to the surety and in case the accused does not surrender to custody, as directed, to pass appropriate orders so far as the surety and the amount of security are concerned. It is made clear that no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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