Supreme Court of India · 2004-03-11
Customs, New Delhi vs Ahmadalieva Nodira
- Citation / case number
- AIR 2004 SUPREME COURT 3022
- Court
- Supreme Court of India
- Petitioner
- Customs, New Delhi
- Respondent
- Ahmadalieva Nodira
- Author
- Arijit Pasayat
- Bench
- S. Rajendra Babu, Arijit Pasayat, G.P. Mathur
Judgment text excerpt
The Supreme Court held that the High Court's grant of bail under Section 439 of the Code of Criminal Procedure, 1973, was erroneous as it overlooked the restrictions imposed by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court emphasized that the seized 'Diazepam' tablets fell under the definition of 'psychotropic substances' as per Section 2(xxiii) and were covered by Serial No. 43 of the Schedule to the Act. Consequently, the bail granted by the High Court was set aside, reinforcing the stringent bail conditions under the NDPS Act.