SUPREME COURT OF INDIA

Before:- S.N. Variava and H.K. Sema, JJ.

Criminal Appeal No. 71 of 2005 (Arising Out of SLP (Crl.) No.4509 of 2004 D/d. 10.1.2005.

Union of India - Appellants

Versus

Shiv Saran Gupta - Respondents

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Criminal Procedure Code, 1973, Sections 389 and 439 - Bail - Non-consideration or non-compliance of provisions of Section 37 - Held - Impugned order liable to be set aside - Application for bail would stand rejected.

[Para 4]

JUDGMENT

1. Delay condoned.

2. Leave granted.

3. Heard parties.

4. In our view, the impugned order cannot be sustained at all. The provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been taken into consideration or complied with. The impugned order is accordingly set aside. The application for bail will stand rejected. The High Court is directed to dispose of the pending Appeal as expeditiously as possible and within a period of one year in any case.

5. The Appeal stands disposed of accordingly.

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