Supreme Court of India · 2009-01-23
Union Of India vs Rattan Mallik @ Habul
- Citation / case number
- AIR 2009 SC (SUPP) 1567
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- Rattan Mallik @ Habul
- Author
- D.K. Jain
- Bench
- R.M. Lodha, D.K. Jain
Judgment text excerpt
The Supreme Court held that the High Court's order granting bail to the respondent under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was flawed as it did not adhere to the mandatory requirements of Section 37, which necessitates a finding on the conditions for bail in cases involving serious drug offences. The Court emphasized that the High Court failed to consider the gravity of the charges and the implications of granting bail without proper justification. Consequently, the Supreme Court set aside the High Court's order and directed the respondent to surrender to custody.