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2009 Supreme(SC) 95

D.K.JAIN, R.M.LODHA
Union of India – Appellant
Versus
Rattan Mallik @ Habul – Respondent


Advocates appeared:
For the Appellant :A. Sharan, A.S.G., Ms. Sunita Sharma, S.N. Terdol and Ms. Sushma Suri, Advocates.
For the Respondent:A.K. De, Rajesh Sivedi, V.P. Tripathi and Dipak Kumar Jena, Advocates.

JUDGMENT

D.K. Jain, J. —

1. Delay condoned.

2. Leave granted.

3. Challenge in this appeal, by the Union of India, is to the order dated 13th November, 2006, passed by the High Court of Judicature at Allahabad suspending the sentence awarded by the trial Court to the respondent for having committed offences under Sections 8/27A and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’) and granting him bail.

4. Since in this appeal we propose to deal with the short question, viz. whether the High Court, while accepting the prayer for grant of bail, had kept in view the parameters of Section 37 of the NDPS Act, we deem it unnecessary to advert to the facts of the case against the respondent in greater detail. It would suffice to note that the case of the prosecution against the respondent was that he was involved in financing and trading in 14.900 kilograms of heroin, recovered from a specially made cavity above the cabin of a truck. Upon consideration of the evidence adduced, the Trial Court came to the conclusion that the prosecution had successfully proved the charges against the respondent and three others. On conviction, the Trial Court sente





















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