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 |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 - Registration of case against accused for offences punishable under the NDPS Act - lssuance of summons to one of the accused and his brother (respondent) - Case of respondent that on going to the Directorate of Revenue Intelligence Office, they were tortured by the officials; that he suffered a heart attack and was later threatened with third degree methods - Application for anticipatory bail by D respondent - Allowed by the Sessions Judge - Thereafter, respondent seeking modification of the order of anticipatory bail to the extent that the interrogation and examination of the respondent be conducted in the presence of his advocate and a cardiologist - Sessions Judge ·directing that the E interrogation of the respondent to take place only in presence of his lawyer - Said order upheld by the High Court - On appeal, held: Respondent is not entitled as of right to the presence of his lawyer at the time of his interrogation in connection with the case - However, having regard to the facts and circumstances of the case, the interrogation of the respondent may be held within the sight of his advocate or any other person duly authorized by him who may watch the proceedings from a distance or from beyond a glass partition but will not be within the hearing distance and it will not be open to the respondent to have consultations with him in course of the interrogation - Thus, order passed by the Sessions Judge and upheld by the High Court is substituted by the said directions. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 459 |
Petitioner | Senior Intelligence Officer |
Respondent | Jugal Kishore Samra |
SCR | [2011] 7 S.C.R. 889 |
Judgement Date | 2011-07-05 |
Case Number | 1266 |
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