Supreme Court of India
The State of Meghalaya v. Lalrintluanga Sailo & Anr.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
Consequently, the impugned order is set aside. The accused-Smt.X shall surrender before the trial Court within a week from today and in case of her failure to do so, she shall be taken into custody in accordance with law. Upon such surrender/production of the accused before the trial Court, it shall cancel the bail bond of the accused and discharge the sureties.
Judgment, 11
From the headnote
Issue for Consideration Whether the High Court erred in granting bail to the accused solely on the ground that she was suffering from HIV, without adverting to the mandate under Section 37(1)(b)(ii), NDPS Act, and without taking in view the quantity of the contraband substance. Headnotes† Bail – Narcotic Drugs and Psychotropic Substances Act, 1985 – s.37 – Recording a finding mandated u/s.37 is sine qua non for granting bail to accused under the Act – High Court erred in granting bail to accused solely on the ground that she was suffering from HIV, without adverting to the mandate u/s.37(1)(b)(ii), when accused was involved in offences under the Act on more than one occasion and quantity of contraband was much above the commercial quantity.
Authorities it was built on
Where later benches applied it
Of those, 1 referred to · 1 mentioned
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