NARCOTICS CONTROL BUREAU versus KISHAN LAL AND OTHERS

Citation: [1991] 1 S.C.R. 139 · Decided: 29-01-1991 · Supreme Court of India · Bench: S. RATNAVEL PANDIAN · Disposal: Disposed off
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Judgment (excerpt)

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NARCOTICS CONTROL BUREAU 
v. 
KISHAN LAL AND OTHERS 
JANUARY 29, 1991 
A 
[S. RATNAVEL PANDIAN AND K. JAYACHANDRA 
B 
REDDY, JJ.] 
Narcotic Drugs and Psychmropic Substances Act, 1985: Sections 
36 and 37(2)-Special Courts-Powers to grant bail-Restrictions-
Whether to be treated as fetters on High Court to grant bail under s. 439, 
Cr. P.C. 
Code of Criminal Procedure 1973: Section 439-Bail-High 
Court's power-Whether restricted bys. 37(2) of the Narcotics Drugs 
and Psychotropic Substances Act, 1985. 
c 
The respondent~ in the appeals who were arrested for offences 
D 
under various sections of the Narcotic Dmgs and Psychotropic Subs-
tances Act, 1985, were refused bail, and were remanded to judicial 
custody. On the basis of the report the Magistrate took cognizance, and 
remanded them to judicial custody. 
The respondents ided writ petition and criminal miscellaneous 
E 
petition before the High Court seeking bail under s. 167(2), Criminal 
Procedure Code on the grounds of belated submission of the charge-
sheet, and on account of illness. The matter was referred to a Division 
Bench which held that the limitations placed on the Special Cc.urt under 
s. 37(2) of the Narcotic Dmgs and Psychotropic Substances Act could 
not be read as fetters on the High Court in exercise of its power under , F 
s. 439, Cr. P.C. to grant bail. 
Aggrieved, the Narcotics Control Bureau appealed to this Court, 
and contended that the High Court had no untremelled powers in the 
matter of granting bail, as the provisions of s. 37 of the NDPS A::. 
override those of s. 439, Cr. P .C. 
G 
On the 9.'!estion: whether the limitation placed on the Speciai 
Court under s. 37(2) of the NDPS Act is to be treated as fetters on the 
powers of the High Court also in granting bail under s. 439, Cr. P.C. 
Disposing of the appeals, this Court. 
139_ 
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140 
SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
A 
HELD: 1. The powers of the High Court to grant bail under 
B 
c 
D 
F 
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s. 439, Cr. P.C. are subject to the limitations contained in the amended 
s. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and 
the, restrictions placed on the powers of the Court under the said section 
are applicable to the High Court also in the matter of granting bail. [151E] 
2. WJten there is a special enactment in force relating to the 
manner of investigation, enquiry or otherwise dealing with offences, the 
other powers under the Code of Criminal Procedure should be subject 
to such special enactment. In interpreting the scope of such a statute the 
dominant purpose underiying the statute has to be borne in mmd. [145C] 
3.1 The Narcotic Drugs and Psychotropic Substances Act, 1985 is 
a special enactment, enacted with a view to make stringent provisions 
4 for the control and regulation of operations relating to nar:cotic drugs 
and psychotropic substances. That being· the underlying object and 
particularly when the provisions of s. J7 of the NDPS Act are in nega-
tive terms limiting the scope of the applicability of the provisions of the 
Criminal Procedure Code regarding bail, It cannot be said that the 
High Court's power to grant bail under s. 439, Cr. P.(:. are not subject 
to the limitation mentioned under s. 37 of the NDPS Act. [144E-G] 
3.2 Section 37 of the NDPS Act starts with a non-obstante clause 
stating that notwithstanding anything contained in t,he Code of Crimi-
nal Procedure, 1973 no person accu~d of an offence prescribed therein 
shall be released on bail unless the conditions contafued therein were 
satisfied. [144E; 145F] 
3.3 The non-obstante clause with which s. 37 of the NDPS Act 
starts should be given its due meaning and clearly it is intended to 
restrict the powers to grant bail. [144G] 
3.4 In case of inconsistency betweens. 439, Cr. P.C. ands. 37 of 
the NDPS Act, s. 37 prevails. 
3.5 Consequently the power to grant bail under any of the provi-
sions of the Code of Criminal Procedure should necessarily be subject to 
the.conditions mentioned ins. 37 of the NDPS Act. [145F, G] 
Lt. Col. Prithi Pal Singh Bedi etc. v. Union of India & Others, 
(1983] 1 SCR 393 and Balchand Jain v. State of Madhya Pradesh, 
[1977] 2 SCR page 52, relied on. 
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BUREAU v. KISHAN LAL [REDDY, J.) 
141 
Usmanbhaz Dawoodbhaz Memon and Others v. State of Gujarat, 
[1988] 2 sec 271, referred to. 
4. The two accused-respondents being on bail for a long time 
A 
· under. the orders of the High Court and the Narcotics Control Bur
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