NARCOTICS CONTROL BUREAU versus KISHAN LAL AND OTHERS

NARCOTICS CONTROL BUREAU versus KISHAN LAL AND OTHERS

The High Court's powers to grant bail under s. 439 Cr. P.C. are subject to the limitations contained in the amended s. 37 of the NDPS Act, and the restrictions placed on the powers of the Court under the said section are applicable to the High Court also in the matter of granting bail.

Parties
Appellant: Narcotics Control Bureau; Respondents: Kishan Lal and Others
Jurisdiction
India
Judgment Date
29 January 1991
Procedural Posture
Criminal Appeal / Appeal From Delhi High Court Judgment and Order Dated 22.9.1989
Outcome
Appeals disposed of. Clarification of law provided.
Legal Topics
Bail, Narcotic Drugs and Psychotropic Substances Act, Special Courts, Jurisdiction of High Court, Non Obstante Clauses
Criminal Law Bail Narcotic Drugs and Psychotropic Substances Act Special Courts Jurisdiction of High Court Non Obstante Clauses

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Parties

Narcotics Control Bureau

Appellant

Kishan Lal and Others

Respondents

Procedural Posture

Criminal Appeal / Appeal From Delhi High Court Judgment and Order Dated 22.9.1989

Legal Issues

  1. 1 Whether the limitations contained in s. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 apply to the High Court's powers to grant bail under s. 439 Cr. P.C.
  2. 2 Whether the High Court's powers to grant bail are unfettered in light of the NDPS Act

Ratio Decidendi

The High Court's powers to grant bail under s. 439 Cr. P.C. are subject to the limitations contained in the amended s. 37 of the NDPS Act, and the restrictions placed on the powers of the Court under the said section are applicable to the High Court also in the matter of granting bail.

Court Disposition

Appeals disposed of. Clarification of law provided.

Orders

  • The accused respondents remain on bail as granted by the High Court.
  • No remitting of matters to the High Court; respondents to continue on bail.