Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs Psychotropic Substances |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985:ss. 8127 A, 8129 and 37 - Conviction for offences under provisions of the Act - Grant of bail to accused and suspension of sentence by High Court - Held: When prosecution/conviction is for offence(s) under a special statute and that statute provides specific provision for dealing with matters arising thereunder, the provisions cannot be ignored- Grant of bail, being without keeping in view the mandatory requirements of s. 37, not sustainable - Matter remitted to High Court- Code of Criminal Procedure, 1973 - s. 439. s.37 (1) (b) and (2) - Grant of bail- To the offender for offences under the Act - Parameters for - discussed. High Court, by the impugned order had suspended the sentence awarded by trial Court to the respondent for having committed offences u/ss. 8127 A and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. Respondent was released on bail. The question for consideration in appeal to this Court was whether High Court, while accepting the prayer for grant of bail, had kept in view the parameters of s.37 of the Act. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2009 INSC 64 |
Petitioner | Union Of India |
Respondent | Rattan Mallik @ Habul |
SCR | [2009] 1 S.C.R. 533 |
Judgement Date | 2009-01-23 |
Case Number | 137 |
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