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may 2008

Supreme Court of India · 2008-05-16

N.R. Mon vs Md. Nasimuddin

Citation / case number
AIR 2008 SUPREME COURT 2576
Court
Supreme Court of India
Petitioner
N.R. Mon
Respondent
Md. Nasimuddin
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substance Act, 1985, impose stringent conditions for granting bail in cases involving commercial quantities of narcotics. The Court found that the High Court and the Special Judge failed to consider these mandatory requirements, particularly the necessity for the Public Prosecutor's opportunity to oppose bail and the need for the court to be satisfied of the accused's innocence and non-recidivism. Consequently, the bail granted was set aside, emphasizing the importance of adhering to statutory provisions in narcotics cases.

N.R. Mon vs Md. Nasimuddin · Niyam