SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and U.C. Banerjee, JJ.

Criminal Appeal No. 105 of 2000. D/d. 31.1.2000

Union of India through Central Bureau of Narcotics Commissioner, Lucknow - Appellant

Versus

Aharwa Deen - Respondent

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Section 8, Section 11 - Bail - Bail granted to accused facing prosecution under Sections 8, 18 not looked into the mandatory provisions of Sections 37 - Order granting bail liable to be set aside.

[Para 3]

JUDGMENT

Leave granted.

2. The Union of India is in appeal against the order of the learned single Judge of the Allahabad High Court, Lucknow Bench, Lucknow, granting bail to the respondent in case under Sections 8/18, Narcotic Drugs And Psychotropic Substances Act. Pursuant to the notice issued, the respondent has entered appearance. A letter was circulated praying for adjournment to file a counter-affidavit. But we see no justification for a counter-affidavit being filed in a case in hand, since on the face of the impugned order of the High Court granting bail cannot be sustained as the High Court has not looked into the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act..

3. Having heard the learned counsel for the parties and on examining the record of this case, we have no hesitation to come to the conclusion that the High Court was totally in error in granting bail without even focussing its attention to the mandatory provision of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. In that view of the matter, we allow the appeal, set aside the impugned judgment of the High Court.

Appeal allowed.