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2005 Supreme(SC) 1591

H.K.SEMA, B.N.SRIKRISHNA
UNION OF INDIA – Appellant
Versus
SAURABH CHATIERJI – Respondent


Judgment

1. Leave granted.

2. Heard the parties.

3. The respondent was charged under Sections 8/21 of the NDPS Act. By the impugned order he was released on bail on the ground that he has been in jail for 15 months. There was no whisper about the provision of Section 37 of the Act. In this case the provision of Section 37 of the Act has been completely given a go-by by the High Court which is not sustainable in law.

4. We, accordingly, set aside the order impugned herein. The respondent is on bail. His bail bonds and sureties shall stand cancelled and he is directed to be taken back to the custody forthwith.

5. The appeal is allowed.

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