SANJAY KUMAR KEDIA versus NARCOTICS CONTROL BUREAU & ANR.

SANJAY KUMAR KEDIA versus NARCOTICS CONTROL BUREAU & ANR.

Given the overwhelming inculpatory evidence and the role of the applicant and associates in facilitating the supply of psychotropic substances via internet pharmacies, Section 79 of the Information Technology Act does not grant immunity; bail cannot be ordered under Section 37 NDPS Act as reasonable grounds of innocence are not established.

Parties
Appellant: Sanjay Kumar Kedia; Respondent: Narcotics Control Bureau
Jurisdiction
India
Judgment Date
03 December 2007
Procedural Posture
Criminal Appeal / Supreme Court Order on Bail Appeal
Outcome
Appeal dismissed
Legal Topics
Bail, Psychotropic Substances, Intermediary Liability
Criminal Law Narcotic Drugs Law Information Technology Law Bail Psychotropic Substances Intermediary Liability

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Parties

Sanjay Kumar Kedia

Appellant

Narcotics Control Bureau

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Order on Bail Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to bail under Section 37 of the NDPS Act
  2. 2 Whether Section 79 of the Information Technology Act grants immunity to the applicant/company as network service providers/intermediaries
  3. 3 Whether the companies owned by the applicant merely provided network facilities or were actually involved in distribution of banned psychotropic substances

Ratio Decidendi

Given the overwhelming inculpatory evidence and the role of the applicant and associates in facilitating the supply of psychotropic substances via internet pharmacies, Section 79 of the Information Technology Act does not grant immunity; bail cannot be ordered under Section 37 NDPS Act as reasonable grounds of innocence are not established.

Court Disposition

Appeal dismissed

Orders

  • Bail denied
  • Observations limited to bail and not to influence trial