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1999 Supreme(SC) 476
1999(10) Supreme 471
SUPREME COURT OF INDIA
Dr. A.S. Anand, CJI., M. Jagannadha Rao & N. Santosh Hegde, JJ.
Union of India -Appellant
versus
Merajuddin -Respondent
Criminal Appeal No. 426 of 1999
(Arising out of SLP (Crl.) No. 2838 of 1998)
Decided on 12-4-1999
Headnote:NDPS Act, 1985-Section 37 r/w Section 437-Bail-In case offence under NDPSA Act-High Court cannot grant bail overlooking mandatory provisions prescribed in Section 37 of NDPS. (Paras 3 & 4)
ORDER
1. Leave granted.
2. We have learned counsel for the parties.
3. The respondent is accused of an offence under the NDPS Act, 1985. The High Court appears to have completely ignored the mandate of Section 37 of the Narcotic Drugs and Psychotropic Substances Act while granting him bail. The High Court overlooked the prescribed procedure. That was not proper. We, therefore, allow this appeal and set aside the impugned order of the High Court and cancel the bail granted to the respondent.
4. The respondent is directed to surrender before the trial Court within two weeks and if after surrender, he files an application for grant of bail, the same shall be considered on its own merits uninfluenced by the order made by us today. In case the respondent does not surrender within the aforesaid period, the trial Court will take steps for apprehending the respondent and remanding him to judicial custody. Appeal is disposed of in the above terms.
(C.R.) Order accordingly.
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Parallel Citations of other Journals :
Union of India v. Merajuddin, 1999(10) Supreme 471.
