Content Provider | Supreme Court of India |
---|---|
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 Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985: S. 37 -Bail Non-supply of copies of documents to accused-Effect of Accused facing trial for offences under the Act-His bail application rejected by Special Court-Bail granted by High Court holding that direction given by Special Judge for supply of copies of documents was not complied with- Held, the scope and ambit of s. 37 was not kepi in view by High Court-Mere non-compliance of the order passed for supply of copies, if any, cannot entitle an accused to get bail notwithstanding prohibitions contained in s.37--Case is not one to which the exceptions provided in s.37 can be applied-Circumstances under which the bail can be granted in the background of s.37 indicated-Judgment of High Court granting bail to accused has no legal sanction and as such is set aside.Union of India v. Thamisharasi and Ors., JT (1995) 4 SC 253, relied on. Constitution of India, 1950: Articles 136 and 141 Disposal of petition for special leave Effect of-Accused facing trial for offences under Narcotics Drugs and Psychotropic Substances Act-Bail rejected by Special Court but granted by High Court holding that direction given by Special Judge for supply of copies of documents was not complied with Plea of long passage of time, relying upon earlier orders passed by Supreme Court in some SLPs-Held,-Disposal of an SLP against a judgment of High Court does not mean that the said judgment is affirmed by such dismissal-The order passed in any SLP at the threshold without detailed reasons does not constitute any declaration of law or constitute a binding precedent Supreme court cannot and does not reverse or modify the decree or order appealed against while deciding the petition for special leave to appeal and that too when the SLP was being dismissed-What is impugned before Supreme Court can be reversed or modified only after granting leave and then assuming appellate jurisdiction over it-If the order impugned before Supreme Court cannot be reversed or modified at the SLP stage, obviously that order cannot also be affirmed at the SLP stage. Union of India and Ors. v. Jaipal Singh, (2003) 7 Supreme 676; Kunhayamined and Ors. v. State of Kerala and Anr., [2000] 6 SCC 359 and Shri Ramnik Vallabhdas Madvane and Ors. v. Taraben Pravinlal Madhvani, (2003) 8 Supreme 208, relied on. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 190 |
Petitioner | Narcotics Control Bureau |
Respondent | Dilip Pralhad Namade |
SCR | [2004] 3 S.C.R. 92 |
Judgement Date | 2004-03-18 |
Case Number | 349 |
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