State of Punjab Vs. Dharminder Kumar Alias Kaka - Court Judgment

Excerpt:

- [ p.b. sawant and; n.p. singh, jj.] - narcotic drugs and psychotropic substances act, 1985 — section. 37 — bail — order granting bail stating that “it cannot be said at this stage as to whether the accused is guilty of the offence or not” -- leave granted. obviously the trial court has passed the order granting bail to the respondent-accused in breach of section 37 of the narcotic drugs and psychotropic substances act, 1985. in the circumstances, the order of the trial court granting bail was prima facie illegal.p.b. sawant and; n.p. singh, jj.1. leave granted. heard both sides.2. obviously the trial court has passed the order granting bail to the respondent-accused in breach of section 37 of the narcotic drugs and psychotropic substances act, 1985. in fact, the order granting bail states that it cannot be said at this stage as to whether the accused is guilty of the offence or not. in the circumstances, the order of the trial court granting bail was prima facie illegal. unfortunately, the high court while confirming the bail, also failed to notice the provisions of section 37 of the said act. in the circumstances, we set aside the orders of the high court as well as of the trial court and direct the issue of non-bailable warrant against the accused. the appeal is allowed accordingly.