Supreme Court of India · 2003-03-13
Cbi vs Dhan Singh
- Citation / case number
- 2003(10)SCALE48
- Court
- Supreme Court of India
- Petitioner
- Cbi
- Respondent
- Dhan Singh
- Author
- H.K. Sema
- Bench
- H.K. Sema
Judgment text excerpt
The Supreme Court held that the High Court's order granting bail under the Narcotic Drugs and Psychotropic Substances Act was erroneous as it failed to consider the mandatory requirements of Section 37, which stipulates conditions for bail in cases involving serious offenses. The Court noted that the respondent was charged under both Section 20(b) and Section 25 of the Act, with the latter carrying a maximum punishment of 10 years, contrary to the High Court's assertion of a 5-year maximum. Consequently, the Supreme Court set aside the High Court's bail order and directed the respondent to be taken into custody immediately.