Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substance Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substance Act, 1985; Ss. 2 (xxiii), 8, 37, 67 and item No. 43 of the Schedule to the Act: Seizure of large quantity of Diazepam Tablets allegedly a psychotropic substance-Arrest of accused-Bail-Rejected by Special Court-Allowed by High Court holding that no definite material placed by the Revenue which conforms description of the recovered tablets to the psychotropic substance, possession of which is prohibited-On appeal, Held: Chemical test Report in respect of recovered tablets brought to the notice of High Court-Before granting bail, the Court has to satisfy itself whether reasonable grounds exist to believe that the accused was not guilty of the alleged offence-High Court not only overlooked the underlying object of Section 37 of the Act but also did not take note of the confessional statement of the accused-It could not reasonably be believed that the accused was not guilty of the offence alleged E against him-Hence not entitled to bail--Order granting bail set aside. Words and Phrases: ''reasonable grounds "-Meaning of-In the context of Section 37 of the NDPS Act. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 159 |
Petitioner | Customs, New Delhi |
Respondent | Ahmadalieva Nodira |
SCR | [2004] 2 S.C.R. 1092 |
Judgement Date | 2004-03-11 |
Case Number | 312 |
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