SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and R.P. Sethi, JJ.

Criminal Appeal No. 1155 of 2001 (Arising out of SLP (Crl.) No. 2423 of 2001). D/d. 5.11.2001

T. Bijando Singh - Appellant

Versus

Md. Ibocha alias Kalam Shah - Respondent

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Criminal Procedure Code, 1973, Sections 37 and 439 - Bail - Opinion of High Court that if attendance of accused is secured by means of bail bond then he is entitled to be released on bail is contrary to provisions of law - High Court not considered provisions of Section 37 NDPS - Order releasing accused on bail quashed.

[Para 3]

ORDER

G.B. Pattanaik, J. - Delay condoned.

2. Leave granted.

3. Being aggrieved by the order of the Special Court (NDPS), releasing the accused on bail, the appellant moved the Guwahati High Court against the said order on the ground that the order granting bail is contrary to the provisions of law and the appropriate authority never noticed the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. The High Court, however, being of the opinion that if the attendance of the accused is secured by means of bail bonds, then he is entitled to be released on bail. The High Court, thus, in our opinion, did not consider the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. In this view of the matter, the order releasing the accused on bail by the Special Judge as well as the order of the High Court in revision are quashed. The accused should be taken into custody forthwith. After the accused is taken into custody, the trial may commence.

4. The appeal is disposed of accordingly.

Appeal allowed.