Case Title:
Narcotics Control Bureau Vs Krishan Lal and Others on 29 January, 1991
Date:
29th January, 1991
Bench:
Justice Pandian, S.R
Parties:
Petitioner – Narcotics Control Bureau
Respondent – Krishna Lal and Others
Subject
The Narcotics Control Bureau filed an appeal arguing that the High Court had no power in granting bail since Section 37 of the NDPS Act overrode Section 439 of CrPC.
Important Provisions
Section 37 of the NDPS Act - Offences to be cognizable and non-bailable.
Section 439 of CrPC - Special powers of High Court or Court of Session regarding bail.
Overview
The Respondents were arrested for offences committed under NDPS Act and were refused bail and remanded to judicial custody.
A writ petition and criminal miscellaneous petition was filed by the respondents seeking bail under Section 167 of CPC.
The High Court granted bail to the respondents stating that the Court’s power under Section 439 of CrPC cannot be taken away by Section 37 of the NDPS Act.
The Narcotics Central Bureau then filed this current appeal arguing that the High Court had no power to grant bail as section 37 of the NDPS act overrode Section 439 of CrPC.
Issues raised
Whether the limitation under Section 37 of the NDPS Act was to be treated as fetters on the powers of the High Court also in granting bail under Section 439 of the CrPC?
Judgment Analysis
The Hon’ble Court stated that grant of bail under Section 439 of CrPC were subjected to limitations specified under Section 37 of the NDPS Act. The restrictions mentioned under this section for Courts also applies to High Courts.
When there is a presence of a special enactment, the special enactment would prevail over the other powers under the CPC.
The Section 37 of the NDPS Act starts with a clause stating “notwithstanding anything contained in the CrPC”. Thereby no persons should be released on bail unless the condition mentioned under the Section were satisfied.
The clause mentioned under the Section 37 should be given its due meaning and should be abided.
The power to grant bail under the CrPC must satisfy the conditions mentioned under Section 37 of the NDPS Act.
Conclusion
The Hon’ble Court concluded by stating that the respondents herein are on a bail since a very long time and the Narcotics Control Bureau did not press for cancellation of bail. Thereby the Court did not remit the matters of the High court and the appeals were disposed. Section 37 of the NDPS Act overruled the Section 439 of the CrPC.
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