Supreme Court · 2001 INSC 66 · Decided 2 February 2001
Intelligence Officer Narcotics Control Bureau v. Sambhu Sonkarand ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 66 · [2001] 1 S.C.R. 821
- Case number
- CRIMINAL APPEAL No. 137/2001
- Decided
- 2 February 2001
- Bench
- M.B. SHAH, S.N. VARIAVA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 439; Constitution Article 136; NDPS Act
Headnote
Narcotic Drugs & Psychotropic Substances Act, 1985: Sections 20(b)(i) and 37. Bail-Grant of-Conditions to be fu(filled-Ganja recovered from accused-High Court granted bail on the ground that the restriction imposed by Section 3 7 was not applicable as the maximum imprisonment provided for A B In appropriate cases court may impose a maximum punishment of 5 years under Section 20(b)(i)-Therefore, there is no reason to exclude the said clause D from the operation of Section 37-Hence, High Court erred in granting bail-Code. of Criminal Procedure, 1973, Section 439. The appellant
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