Supreme Court of India · 2012-10-05
MOHD.SAHABUDDIN vs STATE OF ASSAM
- Citation / case number
- SC 2012/20761
- Court
- Supreme Court of India
- Petitioner
- MOHD.SAHABUDDIN
- Respondent
- STATE OF ASSAM
- Author
- Fakkir Mohamed Ibrahim Kalifulla
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA T.S. THAKUR
Judgment text excerpt
The Supreme Court upheld the rejection of bail for the appellants under the Narcotic Drugs and Psychotropic Substances Act, 1985, specifically citing Section 37 which mandates stringent conditions for bail in NDPS cases. The Court found that the quantity of codeine phosphate in the seized cough syrup exceeded permissible limits, thus constituting an offence under the NDPS Act. The Court ruled that the appellants did not meet the burden of proof to justify their release on bail, affirming the decisions of the Sessions Court and the High Court.