LexRATAN KUMAR VISHWAS versus STATE OF U.P. & ANR.
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(2008] 15 S.C.R. 907
RATAN KUMAR VISHWAS
v.
STATE OF U.P. & ANR.
(Criminal Appeal No. 1754 of 2008)
NOVEMBER 7, 2008
[DR. ARIJIT PASAYAT, C.K. THAKKER AND
D.K. JAIN, JJ.]
Narcotic Drugs and Psychotropic Substances Act, 1985
A
B
- s.37 - Bail - Grant of - Accused found guilty of oft'ence C
under the Act - Application for suspension of sentence and
grant of bail - Rejected by High Court -:- On appeal, Held:
High Court dealt with the factual position and concluded that
parameters of s.37 were not fulfilled to warrant grant of bail
- No reason to interfere in the matter.
D
The appellant-accused was found guilty of
commission of offence under ss.27 A and 29 of Narcotic
Drugs and Psychotropic Substances Act, 1985 and
sentenced to undergo rigorous imprisonment for 14
years. Appellant filed appeal before the High Court. He E
also filed an application for suspension of sentence and
grant of bail, which was rejected. Hence the instant
appeal."
1
Dismissing the appeal, the Court
HELD: 1. Td deal with the menace of dangerous
drugs flooding the market, Parliament has provided that
a person accused of offence under the Narcotic Drugs
Act and Psychotropic Substances Act, 1985 should not G.
be released on bail during trial unless the mandatory
conditions provided under s.37 that there are reasonable
grounds for holding that the accused is not guilty of such
offence and that -he is not likely to commit any offence
907
H
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908
SUPREME COURT REPORTS
[2008] 15 S.C.R.
-4(
A
while on bail are satisfied. So far as the first condition is
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concerned, apparently the accused was found guilty and
was convicted. The High Court dealt with the factual
position in· great detail to conclude that the parameters
of s.37 were not fulfilled to warrant grant of bail by
B suspension of sentence. There is no reason to interfere
in the matter. [Paras 16 and 17] (914-C-D; 915-B-C]
Dadu v. State of Maharashtra (2000) 8 SCC 437, referred .
....,...
to.
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c
Case Law Reference: ·
(2000) a sec 437
referred to
Para 14
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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1754 of 2ooa:
D
From the final Judgment and Order dated 15.5.2007 of the
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High Court of Judicature at Allahabad in Criminal Appeal No.
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6636 of 2006.
.____
E
S.D. Singh, Vijay Kumar, Rahul Kr. Singh and Aparna Jha
for the Appellant.
. B.B. S.ingh, Kumar Rajesh Singh, Binu Tamta, Madhurima
Tatia, S.N. Terdal; B.V. Balaram Das, S.N. Pandey and C.P.
.r-
Pandey for the Respondents.
_...._
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F
The Judgment of the Court was delivered by
.,,
DR. ARIJIT PASAYAT, J. 1. Leave granted.
2. Challenge in this appeal is to the Judgment of a learned
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G Single Judge of the Allahabad High Court dismissing the
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app:ication filed by the appellant for suspension of sentence
and grant of bail. Appellant-Ratan Kumar Vishwas has filed an
..,,..
Appeal No. 6636 of 2006 questioning his conviction the offence
punishable· under Sections 27 A and 29 of the Narcotic Drugs
H
and Psychotropic Substances Act, 1985 (in short 'the Act'). He
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RATAN KUMAR VISHWAS v. STATE OF U.P. & ANR.
909
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[DR. ARIJIT PASAYAT, J.]
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was sentenced to undergo rigorous imprisonment for 14 years
A
and to pay a fine cf rupees two lacs with default stipulation.
Learned Additional Sessions Judge, Fast Track Court No. 1,
Kanpur Nagar has found the appellar.t guilty and convicted and
sentenced him as aforesaid.
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B
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3. Brief facts of the case as projected by prosecution are
that a secret and reliable information on 5.3.2004 was received
by the complainant an officer of the N.C.B., Varanasi that huge
quantity of Charas was being brought from Nepal to Kanpur in
Truck No. UHN 9137 and same was standing at Kanodia Auto c
Centre, Lucknow Kanpur bypass road and it belonged to
Akhilesh Kumar Bajpai son of Srikant Bajpai, resident of 127/
333, Nirala Nagar, Kanpur Nagar. This information was reduced
to writing and thereafter Intelligence Officers, U.K. Singh and
y
K.K. Mishra along with S. Rallabhandi, S.K. Singh and R.K.
D
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Gupta, also Intelligence Officers, Ramnath, sepoy with driver
Vijendra Kumar, proceeded from camp office, Gujani in
departmental vehicle number U.P. 65-S-6951 and U.P 65-V-
7826 and reached near the Kanodia Auto Centre at about 9
p.m. Two persons standing nearby were called and they
disclosed their names as Rajendra Prasad and Ramjee Singh.
E
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