DAULAT SINGH @ GATU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Arriving at the conclusion that the law laid down by Hon'ble the Supreme Court in the case of Union of India v. Rattan Mallik alias Habul, 2009 2 SCC 624, is running contrary to its earlier judgment in Mansingh v. Union of India, 2004 13 SCC 42, a Single Bench of this Court has sought guidance from the Larger Bench as to which one principle of law from among the two cases aforesaid should be adhered while examining the application seeking release on bail/suspension of sentence in the matters where the conviction is recorded for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act of 1985").

(2.) The discussions made by learned Single Bench while making reference to the Larger Bench read as under:-

(3.) Looking to the nature of the issue referred for adjudication, it shall be appropriate to quote the Section 37 of the Act of 1985 :-