SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Cal) 575

ANIRUDDHA BOSE, SANKAR ACHARYYA
Sarwan Ram @ Sarwan Singh Ram – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Deep Chaim Kabir, Mr. Arnab Saha, Mr. Ali Ahasan Alamgir, Mr. Md. Bani Issail, Mr. Majhar Hossain Chowdhury, Mr. Sakhawat Khandakar and Mr. Md. Zeeshanvdeh.
For the Respondents: Mr. Manjit Singh, Mr. Ayan Bhattacharya, Mr. Sanjoy Bardhan, Mr. Anjan Datta and Mr. Pratick Bose.

JUDGMENT :

Aniruddha Bose, J.

1. The petitioners in all these cases have been primarily accused of offence of being in possession of contraband articles under the provisions of The Narcotic Drugs and Psychotropic Substances Act, 1985 (the 1985 Act) beyond commercial quantity and are seeking bail pending their trial. In their petitions for bail, the petitioners question the legality of the process of search and seizure through which the contraband articles are alleged to have been recovered from them and they seek bail mainly on the ground that such search and seizure process are flawed. There is special provision restricting grant of bail to persons accused of offences under the 1985 Act. Such restrictions have been specified in Section 37 of the Act:-

“37. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) –

(a) Every offence punishable under this Act shall he cognizable;

(b) No person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless:-

(i) The Public Prosecuto
































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top