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september 2007

Supreme Court of India · 2007-09-14

Union Of India (Uoi) vs Shri Shiv Shanker Kesari

Citation / case number
2008CRILJ335
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
Shri Shiv Shanker Kesari
Author
Arijit Pasayat
Bench
Arijit Pasayat, D.K. Jain

Judgment text excerpt

The Supreme Court held that the grant of bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires the court to find reasonable grounds for believing the accused is not guilty and that he is not likely to commit any offence while on bail. The Court found that the High Court failed to satisfy these conditions, as it did not record any findings on the accused's guilt or likelihood of re-offending. Consequently, the Supreme Court set aside the High Court's bail order, emphasizing the stringent requirements for bail under the Act.

Union Of India (Uoi) vs Shri Shiv Shanker Kesari · Niyam