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1991 Supreme(Ker) 37

JAYACHANDRA REDDY, RATNAVEL PANDIAN
Narcotics Control Bureau – Appellant
Versus
Kishan Lal – Respondent


Judgment :-

1. The High Court of Delhi by a common order in two petitions filed under The Narcotic Drugs & Psychotropic Substances Act, 1985 ('NDPC Act' for short) held that the restrictions placed on the powers of the Court to grant bail in certain offences under the amended S.37 of the NDPS Act are not applicable to the High Court. Aggrieved by the said order, the Narcotics Control Bureau has filed these two appeals.

2. The petitioners before the High Court in two different cases were arrested for offences under various Sections of the NDPS Act. They were refused bail and remanded to judicial custody. On the basis of the report the Magistrate concerned took cognizance and remanded them to judicial custody. The petitioners filed a writ petition as well as a criminal miscellaneous petition seeking bail firstly on the ground that they are entitled to be released on bail as required under S.167(2) of the Code of Criminal Procedure as the charge-sheet was filed at a belated stage and secondly on the ground of illness. A learned Single Judge referred this matter to a Division Bench and the Division Bench by the impugned order held that the limitations placed on the Special Court under S
















































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