Supreme Court of India · 2007-09-14
UNION OF INDIA vs SHIV SHANKER KESARI
- Citation / case number
- SC 2005/18554
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- SHIV SHANKER KESARI
- Author
- ARIJIT PASAYAT
- Bench
- D.K. JAIN DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Allahabad High Court erred in granting bail to the respondent charged under Sections 8, 15, 27A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, as it failed to consider the parameters set out in Section 37 of the Act. The Court emphasized that bail can only be granted if the court is satisfied that there are reasonable grounds for believing the accused is not guilty and that he is not likely to commit any offence while on bail. The Supreme Court set aside the High Court's order, reinforcing the stringent conditions for bail under the NDPS Act.