Ilyas Mohd. Usman Shaikh & Anr. - Respondents
NOTE
Section 37 Narcotic Drugs and Psychotropic Substances Act- Bail granted should not be cancelled when the trial is at its end.
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Trial almost complete - Only arguments of Public Prosecutor and delivery of judgment left - Hence, order cancelling bail, set aside. [Para 2] Cases Referred :- Union of India v. Ram Samujh, 1999 (9) SCC 429 : 1999(3) All India Criminal Law Reporter 727 (SC).ORDER
K.T. Thomas, J. - Leave granted. 2. By an interim order we suspended the impugned order passed by the High Court and directed the respondent to be put back in jail. Pursuant to the order, he was put back in jail and he is continuing there. Now, when this matter came up for arguments today we are told that the trial court has almost completed the trial and heard arguments of the Counsel for the respondents also and what remains is only to hear the arguments of the special Public Prosecutor for which a posting is given today by the trial court. This means after today all that may remain is pronouncement of the judgment. In this situation it is unnecessary for us to consider the legal points raised by the appellant, particularly because this Court has considered and decided on the principles to be followed while granting bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Union of India v. Ram Samujh and Another [1999 (9) SCC 429] : [1999(3) All India Criminal Law Reporter 727 (SC)]. 3. Subject to the above observations, we set aside the impugned order. This cannot be treated in any way as our pronouncement on the merits of the points involved in the trial. 4. Appeal is disposed of accordingly. Orders accordingly.