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(BEFORE H.K. SEMAAND B.N. SRIKRISHNA, JJ.)
UNION OF INDIA - Appellant;
Versus
SAURABH CHATIERJI- Respondent.
Criminal Appeal No. 1655 of 2005, decided on December 12,2005
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Cancellation of Bail - High Court released the accused on bail on the ground that he has been in jail for 15 months- No whisper about the provision of Section 37 of the Act- The provision of Section 37 of the Act had been completely given a go-by by the High Court - Not sustainable in law - Order of the High Court set aside and bail bonds cancelled. [Paras 3 and 4]
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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