Supreme Court of India

Narcotics Control Bureau v. Kishan Lal and Others

Neutral citation
Reported as [1991] 1 S.C.R. 139
Bench S. Ratnavel Pandian and K. Jayachandra B Reddy JJ.
Decided 29 January 1991

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the powers of the High Court to grant bail under Section 439 are subject to the limitations contained in the amended .Section 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.

Judgment, page 13

From the headnote

Narcotic Drugs and Psychmropic Substances Act, 1985: Sections 36 and 37(2)-Special Courts-Powers to grant bail-Restrictions­ Whether to be treated as fetters on High Court to grant bail under s. 439, Cr. P. . Code of Criminal Procedure 1973: Section 439-Bail-High Court's power-Whether restricted bys. 37(2) of the Narcotics Drugs and Psychotropic Substances Act, 1985. c The respondent~ in the appeals who were arrested for offences under various sections of the Narcotic Dmgs and Psychotropic Subs­ tances Act, 1985, were refused bail, and were remanded to judicial custody. On the basis of the

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