Back
2001(4) Supreme 178
SUPREME COURT OF INDIA
G.B. Pattanaik & U.C. Banerjee, JJ.
Union of India -Petitioner
versus
Ikram Khan & Ors. -Respondents
Criminal Appeal No. 37 of 2000
(Arising out of SLP (Crl.) No. 1129 of 1999
Decided on 13-1-2000
ORDER
Leave granted.
2. This appeal by the Union of India has been filed against the order of the High Court granting bail to the accused against whom a proceeding under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) is pending. As the trial has not begun for four years, the High Court appears to have refused to exercise its power to cancel the bail.
3. But, while considering the question of bail, the Court has not borne in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature and the Court must bear in mind the said provisions before deciding an application for bail in case an accused is facing a trial under the provisions of the NDPS Act. In that view of the matter, the impugned orders of the High Court granting bail as well as refusing to cancel the bail cannot be sustained and we quash the same.
4. The appeal stands allowed accordingly.
Appeal allowed.
*************
SupremeToday
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
