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february 2004

Supreme Court of India · 2004-02-27

Union Of India (Uoi) vs Mahaboob Alam

Citation / case number
2004(1)ALD(CRI)764
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
Mahaboob Alam
Author
N. Santosh Hegde
Bench
N. Santosh Hegde, B.P. Singh

Judgment text excerpt

The Supreme Court held that the High Court erred in granting bail to the respondent under the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically ignoring the mandatory restrictions under Section 32A and the respondent's status as a previous offender. The Court emphasized that the High Court failed to consider the potential risk of the respondent reoffending and the presumption of guilt following his conviction. Consequently, the Supreme Court set aside the High Court's order granting bail and reinstated the original sentence.

Union Of India (Uoi) vs Mahaboob Alam · Niyam