INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU versus SAMBHU SONKARAND ANR.
The limitations of Section 37 NDPS Act in granting bail apply to offences under Section 20(b)(i) since the maximum punishment prescribed is 5 years; hence, Section 37's restrictions cannot be excluded. High Court's order granting bail contrary to Section 37 was erroneous and is set aside.
- Parties
- Appellant: Intelligence Officer Narcotics Control Bureau; Respondent: Sambhu Sonkar
- Jurisdiction
- India
- Judgment Date
- 02 February 2001
- Procedural Posture
- Criminal Appeal / Appeal Against Grant of Bail by Calcutta High Court
- Outcome
- Appeal allowed
- Legal Topics
- Bail Under NDPS Act, Interpretation of Section 37 NDPS Act, Punishment Under Section 20(b)(i) NDPS Act
Case Brief
Summary, issues, holding and outcome
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Parties
Intelligence Officer Narcotics Control Bureau
Appellant
Sambhu Sonkar
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Grant of Bail by Calcutta High Court
Legal Issues
- 1 Whether the restrictions on bail under Section 37 of the Narcotic Drugs & Psychotropic Substances Act, 1985 apply to offences under Section 20(b)(i) (possession of ganja) which provides for a maximum punishment of 5 years.
Ratio Decidendi
The limitations of Section 37 NDPS Act in granting bail apply to offences under Section 20(b)(i) since the maximum punishment prescribed is 5 years; hence, Section 37's restrictions cannot be excluded. High Court's order granting bail contrary to Section 37 was erroneous and is set aside.
Court Disposition
Appeal allowed
Orders
- Impugned order of the High Court granting bail is set aside.
- Bail bonds of the accused are cancelled.
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