Court : Supreme Court of India
Brief : Whether a network provider can claim immunity under section 79 of Information Technology Act from the prosecution under NDPS Act?
Citation : (2008) 1 MLJ (Crl) 1145 (SC)
Sanjay Kumar Kedia Vs. Narcotic Control Bureau and Another
Narcotic Drugs and Psychotropic Substance Act (61 of 1985), Section 8 - Narcotic Drugs and Psychotropic Substance Rules (1987), Schedule I -
Information Technology Act (21 of 2000), Section 79 - Bail - Accused is a network providers charged under Sections 24, 29 of Narcotic Drugs and Psychotropic Substance
Act - Alleged that he used his network facilities provided by his Companies for arranging supply of Narcotic Drugs outside India - Accused and his associates are not innocent
intermediaries or network service providers - Overwhelming inculpatory evidence available against Appellant - Their business was only a facade and camouflage for more
sinister activities - Immunity from Prosecution under Narcotic Drugs and Psychotropic Substance Act cannot be granted by Section 79 of Information Technology Act -
Appellant is not entitled for bail.
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