Supreme Court of India · 2001-09-06
State Of Madhya Pradesh vs Kajad
- Citation / case number
- AIR 2001 SUPREME COURT 3317
- Court
- Supreme Court of India
- Petitioner
- State Of Madhya Pradesh
- Respondent
- Kajad
- Bench
- M.B. Shah, R.P. Sethi
Judgment text excerpt
The Supreme Court held that the High Court erred in granting bail to the respondent-accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically violating Section 37 which mandates that no person accused of an offence punishable for a term of imprisonment of five years or more shall be released on bail unless certain conditions are met. The Court emphasized that the burden lies on the accused to demonstrate reasonable grounds for believing in their innocence and that they are not likely to commit further offences while on bail. The Court set aside the High Court's order granting bail, reinforcing the principle that negation of bail is the rule in serious drug-related offences.