1. Appeal against High Court order regarding bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (Para 2 )
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2000 Supreme(SC) 1420
SUPREME COURT OF INDIA
A. J. Shaikh
Vs.
Ilyas Mohd. Usman Shaikh
Decided on August 31, 2000
Important Points
The Court emphasized the principles for granting bail under Section 37 of the Narcotic drugs and Psychotropic Substances Act, 1985 and decided not to consider legal points at an advanced stage of the trial.
Subject
Criminal Law - Bail Proceedings
Act Referred
Headnote
Bail - Narcotic drugs and Psychotropic Substances Act, 1985 - Legal principles for granting bail under Section 37
Fact of the Case:
The trial court has almost completed the trial, and the respondent is in jail awaiting the judgment.
Finding of the Court:
The impugned order was set aside, and the appellant's legal points were not considered due to the advanced stage of the trial.
Issues: Consideration of legal points raised by the appellant at an advanced stage of the trial.
Ratio Decidendi: The Court decided not to consider the legal points raised by the appellant due to the advanced stage of the trial and referred to the principles for granting bail under Section 37 of the Narcotic drugs and Psychotropic Substances Act, 1985.
Final Decision: The appeal was disposed of accordingly, setting aside the impugned order.
Legal Category Hierarchy
Table of Contents
2. Legal points regarding the principles for granting bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (Para 2 )
3. Trial nearly complete — Principles for granting bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 already decided by the Supreme Court. (Para 2 )
4. Consideration of legal points for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is unnecessary when the trial is nearly complete. (Para 2 )
5. Impugned order set aside — Appeal disposed of. (Para 3 , 4 )
6. When is it unnecessary to consider legal points regarding bail under Section 37 of the NDPS Act?
It is unnecessary to consider such points when the trial is nearly complete and the principles for granting bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have already been decided by the court. (Para 2 )
( 1 ) LEAVE granted.
( 2 ) BY an interim order we suspended the impugned order passed by the High Court and directed the respondent to be put back in jail. Pursuant to the order, he was put back in jail and he is continuing there. Now, when this matter came up for arguments today we are told that the trial court has almost completed the trial and heard arguments of the Counsel for the respondents also and what remains is only to hear the arguments of the special Public Prosecutor for which a posting is given today by the trial court. This means after today all that may remain is pronouncement of the judgment. In this situation it is unnecessary for us to consider the legal points raised by the appellant, particularly because this Court has considered and decided on the principles to be followed while granting bail under Section 37 of the Narcotic drugs and Psychotropic Substances Act, 1985 in Union of India v. Ram Samujh and another [jt 1999 (6) SC 397 = 1999 (9) scc 429].
( 3 ) SUBJECT to the above observations, we set aside the impugned order. This cannot be treated in any way as our pronouncement on the merits of the points involved in the trial.
( 4 ) APPEAL is disposed of accordingly.
