Supreme Court · 2009 INSC 64 · Decided 23 January 2009
Union of India v. Rattan Mallik @ Habul
- Court
- Supreme Court of India
- Citation
- 2009 INSC 64 · [2009] 1 S.C.R. 533
- Case number
- CRIMINAL APPEAL No. 137/2009
- Decided
- 23 January 2009
- Bench
- D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 439; NDPS Act Section 8127
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985: ss. 8127 A, 8129 and 37 - Conviction for offences under c provisions of the Act - Grant of bail to accused and suspension of sentence by High Court - Held: When prosecution/conviction is foroffence(s) under a special statute and that statute with matters arising thereunder, the provisions cannot be ignored- D Grant of bail, being without keeping in view the mandatory requirements of s. 37, not sustainable - Matter remitted to High Court- Code of Criminal Procedure, 1973 - s. 439. s.37 (1) (b) and (2) - Grant of bail- To the
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