Cit Vs. Malegaon Sahakari Sakhar Karkhana Ltd. - Court Judgment |
SooperKanoon Citation | sooperkanoon.com/841675 |
Subject | Direct Taxation |
Court | Supreme Court of India |
Decided On | Sep-28-2007 |
Judge | H.K. Sema and; Lokeshwar Singh Panta, JJ. |
Appellant | Cit |
Respondent | Malegaon Sahakari Sakhar Karkhana Ltd. |
Disposition | Appeal allowed in favour of department |
Excerpt:
- prevention of illicit traffic in narcotic drugs & psychotropic substances act, 1988
[c.a. 46/1988]
section 3 & narcotic drugs & psychotropic substances act, 61/1985, section 37; [s.b. sinha & h.s. bedi, jj] preventive detection grant of bail - detenu already in custody co-accused of detenu not released on bail subjective satisfaction to detain reached without applying mind to facts of case held, mere fact that he had applied for bail, is not sufficient when n.d.p.s. act puts restriction on power to grant bail. fact that detenu has retracted his confession or that he had criminal antecedents, would not also be sufficient. detention order stands vitiated. [2002 cri lj 3519 (delhi) reversed].order1. leave granted.2. it is stated by mr. b. datta, learned asg that these matters are squarely covered by the judgment rendered by this court siddheshwar sahakari sakhar karkhana ltd. v. cit .3. these appeals are disposed of in terms of the said judgment.
Judgment:ORDER
1. Leave granted.
2. It is stated by Mr. B. Datta, learned ASG that these matters are squarely covered by the judgment rendered by this Court Siddheshwar Sahakari Sakhar Karkhana Ltd. v. CIT .
3. These appeals are disposed of in terms of the said judgment.