UNION OF INDIA versus SHRI SHIV SHANKER KESARI

Citation: [2007] 9 S.C.R. 964 · Decided: 14-09-2007 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
UNION OF INDIA 
v. 
SHRI SHIV SHANKER KESARI 
SEPTEMBER 14, 2007 
B 
(DR. ARIJIT PASA Y AT AND D.K. JAIN, JJ.) 
Narcotic Drugs and Psychotropic Substances Act, 1985: s.37(l)(b)(ii)-
Grant of bail-Consideration for-Held : Court required to consider if there 
C were reasonable grounds for believing that accused is not guilty and that 
he is not likely to commit any offence while on bail-But not to record any 
finding that accused is not guilty. 
Words and phrases: Word 'reasonable'-Meaning of-Discussed 
D 
Prosecution case was that the respondent was found in possession of 
huge quantity of poppy straw. The Special Judge rejected the bail application 
made by the respondent. The High Court by the impugned order accepted the 
prayer for bail on the ground that the recovery was not from the exclusive 
possession of the accused-respondent and other members of the family are 
involved in the case. 
E 
F 
In appeal to this court, appellant contended that prayer for bail was 
rightly rejected by the District Judge in terms ofS. 37 of the NDPS Act after 
elaborately dealing with the background facts. 
Allowing the appeal, the Court 
HELD: 1. S. 37 of NDPS Act provided that no person shall be granted 
bail unless the two conditions are satisfied. They are: the satisfaction of the 
Court that there are reasonable grounds for believing that the accused is not 
guilty and that he is not likely to commit any offence while on bail. Both the 
conditions have to be satisfied. If either of these two conditions is not satisfied, 
G the bar operates and the accused cannot be released on bail. The expression 
used in S. 37(1)(b)(ii) is "reasonable grounds". The expression means 
something more than prima facie grounds. It connotes substantial probable 
causes for believing that the accused is not guilty of the offence charged and 
this reasonable belief contemplated in turn points to existence of such facts 
H 
964 
.. 
U.0.1. v. SHRISHIVSHANKERKESARI 
965 
and circumstances as are sufficient in themselves to justify recording of A 
satisfaction that the accused is not guilty of the offence charged. 
!Paras 6 and 7) (967-G, H; 968-A, Bl 
2.1. The word "reasonable" has in law the prima facie meaning of 
reasonable in regard to those circumstances of which the actor, called on to 
act reasonably, knows or ought to know. It is difficult to give an exact definition B 
of the word 'reasonable'. Stroud's Judicial Dictionary, Fourth Edition, page 
2258 states that it would be unreasonable to expect an exact definition of the 
word "reasonable'. Reason varies in its conclusions according t{) the 
idiosyncrasy of the individual, and the times and circumstances in which he 
thinks. The reasoning which built up the old scholastic logic sounds now like C 
the jingling of a child's toy. It is often said "an attempt to give a specific 
meaning to the word 'reasonable' is trying to count what is not number and 
measure what is not space". I Paras 8 and 9) 1968-C, D, E) 
Municipal Corporation of Delhi v. Mis Jagan Nath Ashok Kumar and 
Anr., 119871 4 SCC 497 and Gujarat Water Supplies and Sewerage Board v. D 
Unique Erectors (Gujarat) Pvt. Ltd and Anr., (198911 SCC 532, relied on. 
2.2. The word 'reasonable' signifies "in accordance with reason". In 
the ultimate analysis it is a question of fact, whether a particular act is 
reasonable or not depends on the circumstances in a given situation. 
(Para 1011968-F) E 
Municipal Corporation of Greater Mumbai and Anr. v. Kam/a Mills Ltd, 
120031 6 sec 315, relied on. 
3. The Court while considering the application for bail with reference 
to S. 37 of the Act is not called upon to record a finding of not guilty. It is for F 
the limited purpose essentially confined to the question of releasing the 
accused on bail that the Court is called upon to see if there are reasonable 
grounds for believing that the accused is not guilty and records its satisfaction 
about the existence of such grounds. But the Court has not to consider the 
matter as if it is pronouncing a judgment of acquittal and recording a finding G 
of not guilty. Additionally, the Court has to record a finding that while on bail 
the accused is not likely to commit any offence and there should also exist 
some materials to come to such a conclusion. 
(Paras 1 t and 1211968-G, H; 969-A, B\ 
4. In the instant case, it appears that there was a statement recorded H 
%6 
SUPREME COURT REPORTS 
[2007] 9 S.C.R. 
A under S. 67 of the Act The respondent

Excerpt shown. Read the full judgment & AI analysis in Lexace.