Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.439 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973: s.439 – Bail application rejected by Session Judge applying the provisions of s.37 of the NDPS Act 1985 and stating that as a total seizure ‘from all accused’ was 12 gms cocaine, 55 gm Ganja, 11.5 gms ecstasy tablets and 10 gms MDMA, no bail could be given to the appellant in present case – High Court also rejected bail – On appeal, held: The residence of the appellant was searched pursuant to statement made by one ‘BKR’ – Pursuant to search made of the appellant’s premises, no drugs at all were found – The entirety of the case of the appellant was based upon the statement made by ‘BKR’ and the case diary and at the highest, it could possibly be said that the appellant consumed certain drugs at parties – Appellant was arrested also on a conspiracy charge, which the High Court itself found to be tenuous, saying that the said charge has to be proved at the trial – Chargesheet was not yet filed – s.37 was wrongly invoked and resultantly bail must ensue – Bail granted – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 38 |
Petitioner | Ragini Dwivedi @ Gini @ Rags |
Respondent | The State Of Karnataka |
SCR | [2021] 1 S.C.R. 264 |
Judgement Date | 2021-01-21 |
Case Number | 62 |
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