Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act: 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act: 1985:s. 37 - Application for bail - Companies providing network facilities/or arranging supply of banned psychotropic substance on line - Owner arrested u/ss. 24 and 29 - Plea of applicant that his companies were protected from prosecution by s. 79 of Information Technology Act - Held: Applicant and his associates were not innocent intermediaries or network service providers as defined under s. 79 of I.T. Act but the said business was only a facade and camouflage for more sinister activity - In this situation, s. 79 will not grant immunity to an accused who has violated provisions of the Act as this provision gives immunity from prosecution for an offence only under I.T. Act itself - In the face of overwhelming inculpatory evidence it is not possible to give finding envisaged under s. 37 of the Act for grant of bail that there were reasonable grounds for believing that applicant was not guilty of offence alleged, or that he would not resume his activities should bail be granted - Information Technology Act, 2000 - s. 79. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 1216 |
Petitioner | Sanjay Kumar Kedia |
Respondent | Narcotics Control Bureau & Anr. |
SCR | [2007] 12 S.C.R. 812 |
Judgement Date | 2007-12-03 |
Case Number | 1659 |
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