LexN.R. MON versus MD. NASIMUDDIN
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[2008] 8 S.C.R. 1159 N.R. MON II. MD. NASIMUDDIN (Criminal Appeal No. 1167 of 2001) MAY 16, 2008 [DR. ARIJIT PASAYAT AND P. SATHASIVAM,JJ.] A B -~ NARCOTIC DRUGS AND PSYCHOTROPIC SUB- STANCES ACT, 1985: s. 37 rlw s. 437 Cr PC-Application for bail -Allowed by C Special Judge - Order not interfered by High Court - Held: The effect of s. 37 of the Act has not been noticed by either the trial court or the High Court- The order granting bail is clearly unsustainable and is set aside - Code of Criminal Procedure, 1973 - s. 437. D A truck being driven by the respondent was inter- cepted and on its search 163 kg 'ganja' was recovered from it. The respondent was arrested. The report of the Chemical Analyst of the Forensic Science Laboratory confirmed the representative samples to be 'ganja'. On E application for bail filed by the respondent, he was re- leased on bail by the Special Judge concerned. The High Court also allowed the respondent to remain on bail. In the instant appeal it was contended that in view of F the provisions of s. 37 of the Narcotic Drugs and Psycho- tropic Substances Act, the trial court as also the High Court erred in allowing the bail to the respondent. Allowing the appeal, the Court HELD: The effect of s. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in relation to grant of bail, as has been considered by this Court in several de- cisions*, has not been noticed by either the trial court or 1159 G H 1160 SUPREME COURT REPORTS [2008] 8 S.C.R A the High Court. Since the trial court and the High Court +.- • have not kept the relevant aspects in view, the order grant- ing bail is clearly unsustainable and is set aside. (para 5 and 10) [1162-F-G; 1166-C] *Union of India v. Gurcharan Singh (2003) 11 SCC 764; B Collector of Customs, New Delhi v. Ahmadalieva Nodira (2004) 13 SCC 549; Union of India v. Abdulla (2004)13 SCC 504; and Narcotics Control Bureau v. Karma Phuntsok and --..: Ors (2005) 12 SCC480 - relied on. >l c CRIMNIALAPPELLATE JURISDICTION: Criminal Appeal No. 1167 of 2001 From the final Judgment and Order dated 12.4.2000 of the High Court of Guwahati Imphal Bench in Criminal Revision Pentition No. 7 of 2000 D B.B. Singh, T.A. Khan and Sushma Suri for the Appellant. Anjani Aiyagari for the Respondent. The Judgment of the Court was delivered by • E Dr. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the judgment of the learned Single Judge of the Gauhati High Court, Imphal Bench, upholding the order passed by the Learned Special Judge, NDPS, Manipur, Imphal, in Crl. Complaint case no.32 of 2000, by which bail was granted to the respondent. '( F 2. Background facts in a nutshell are as follows: On 17 .1.2000 the appellant received information in writ- ing from a casual source that a Tata truck bearing registration No.MN-5113 carrying ganga would be proceeding from Imphal .- G area towards Guwahati in t~e early hours of 18.1.2000. It was immediately reported by the appellant to its superior officer i.e. ' Superintendent. NCB. RU. Imphal. who issued order to the ap- .Ir "- pellant to take necessary action. The appellant along with other members of staff of the NCB led by the Superintend kept vigil H along the lmphal-Ukhrul road and started checking of vehicles. N.R. MON v. MD. NASIMUDDIN 1161 [DR. ARIJIT PASAYAT, J.] .. ~ Around 7.00 a.m. on 18.1.2000 a Tata truck was seen approach- A ing the road. The said vehicle was intercepted and stopped by the appellant. The vehicle was occupied by a driver (the respon- dent herein) and one Puma Bahadur handyman. The vehicle, the accused and the handyman were brought to the Revenue complex for a thorough checking. After following procedure laid B down under Section 50 of the Narcotic Drugs and Psychotropic )" Substance Act, 1985 (in short 'the Act'), the respondent and the driver were asked whether they would like to be taken before the Magistrate or the Gazetted Officer. During search 6 pack- ets of ganja in pressed form, from a specially constructed ch am- c ber in the fuel tank were recovered. On weighing, the same was found to be 163 kgs. in total. The representative samples were taken and sent for analysis by the Chemical Examiner of the Government of Assam, at the State Forensic Science Labora- tory in Guwahati. The voluntary statement of the respondent was D ~ ' recorded in the presence of the witnesses on 18.1.2000. The .... "! respo
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