UNION OF INDIA Vs. ABDULLA

JUDGEMENT

(1.) The respondent herein was charged for the offences punishable under Sections 8/2 1/29/60 of the Narcotic Drugs and Psychotropic substances Act, 1985 before the Court of Special Judge, Lucknow. His application for grant of bail pending trial came to be rejected by the said special Judge as per his order dated 20th February, 2001. The learned Judge came to the conclusion that prima facie the prosecution allegation against the respondent stands established hence the respondent is not entitled for bail. He has given reasons for coming to that conclusion. In a criminal miscellaneous case filed before the High Court of Judicature at Allahabad by the respondent for grant of bail the High Court by the following order granted bail:

(2.) The learned counsel appearing for the appellant contended that in view of Section 37 of the Act it is mandatory for the learned Judge firstly to hear the public prosecutor on the bail application and next to come to the conclusion that prima facie there is no case made out by the prosecution before granting bail. It is submitted that the High Court without applying its mind either to the facts of the case or Section 37 granted bail without even recording the mandatory satisfaction as to the existence of a prima facie case or not. We are in agreement with the said argument of the learned counsel for the appellant.

(3.) The learned counsel appearing for the respondent contended that a detailed objection was filed by the prosecution which was considered and after considering the arguments of the parties and noticing the deficiency in the prosecution case the Court came to the conclusion that it was a fit case for grant of bail. He also points out that on the facts and circumstances of this case Section 37 of the Act as amended is not applicable. This fact which is now argued before us does not find reference in the impugned order nor do we find any reference to Section 37 of the Act which shows that the learned Judge has not noticed the mandatory requirement for granting bail in matters arising out of the Act. Therefore, we allow this appeal and set aside the impugned order and remand this matter back to the High Court for fresh disposal in accordance with law.