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.