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TMI Blog2014 (4) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration the substantial period of imprisonment already undergone and further the circumstance of no likelihood of expeditious hearing of the appeal. As a matter of fact, the court in this case did not examine the requirements of Section 37 as the order was passed for doing complete justice as the accused was behind the bars for a period of more than seven years and there was no chance of expeditious hearing of the appeal. Such an order was passed by Hon'ble the Supreme Court in exercise of its extraordinary powers available under Article 142(1) of the Constitution of India. The Apex Court as per the provision aforesaid is having an authority to make such order,if necessary for doing complete justice in any cause or matter pending before it. The authority of Hon'ble the Supreme Court under Article 142 of the Constitution of India is an extraordinary authority and that is not abide by the statutory provisions. The power available can very well be exercised beyond statutory limits if that is required for dispensing complete justice in any case. It shall be pertinent to notice here that as per Article 141 of the Constitution of India the law declared by the Supreme Court s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;िवाद बिन्दु की रोशनी में यह प्रश्न उत्पन्न होता है कि जहां 2009 AIR SCW 3648 (Union of India Vs. Rattan Malik @ Habul) में धारा 37 " अधिनियम, 1985" के विशेष प्रावधानों को दृष्टिगत रखते हुए अन्य उच्च न्यायालय द्वारा जमानत प्रार्थना-पत्र को स्वीकार करने के आदेश को ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #2352; पश्चातवर्ती निर्णय 2009 AIR SCW 3648 (Union of India VS . Rattan Mallik Habul) के आधार पर सम्बन्धित प्रार्थी /अभियुक्त को जमानत की सुविधा प्रदान किया जाना उचित नहीं माना गया है, तदुपरान्त अधिवक्ता प्रार्थी की ओर से एकल पीठ दाण्डिक विविध छठां सजा स्थगन ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2;भावी पदार्थ अधिनियम, 1985" की धारा 37 की रोशनी में (वाणिज्यिक मात्रा से सम्बन्धित प्रकरणों में) किस उद्धरण ({2004} 13 SCC 42 व 2009 AIR SCW 3648) में प्रतिपादित सिद्धान्त के आधार पर आदेश पारित किया जाय। इस क्रम में स्पष्ट मार्गदर्शन की प्रकर ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as mentioned in the Statement of Objects and Reasons for introducing Bill No.125 of 1988 thus : 'Even though the major offences are non-bailable by virtue of the level of punishments, on technical grounds, drug offenders were being released on bail. In the light of certain difficulties faced in the enforcement of the Narcotic Drugs and Psychotropic Substances Act, 1985, the need to amend the law to further strengthen it, has been felt.' 7. It is to be borne in mind that the aforesaid legislative mandate is required to be adhered to and followed. It should be borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent young victims, who are vulnerable; it causes deleterious effects and a deadly impact on the society; they are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reason may be large stake and illegal profit involved. This Court, dealing with the contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 37 of the NDPS Act and sub-section (2) thereof that the power to grant bail to a person accused of having committed offence under the NDPS Act is not only subject to the limitations imposed under Section 439 of the Code of Criminal Procedure, 1973, it is also subject to the restrictions placed by clause (b) of sub-section (1) of Section 37 of the NDPS Act. Apart from giving an opportunity to the Public Prosecutor to oppose the application for such release, the other twin conditions viz. (i)the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is not likely to commit any offence while on bail, have to be satisfied. It is manifest that the conditions are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty, has to be based on "reasonable grounds". 13. The expression "reasonable grounds" has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for appearance consistently with the judgment of the High Court." In the case of Mansingh (supra) Hon'ble the Supreme Court granted an application seeking suspension of sentence during pendency of an appeal before the High Court by taking into consideration the substantial period of imprisonment already undergone and further the circumstance of no likelihood of expeditious hearing of the appeal. Learned Single Bench of this Court while referring the issue for consideration to the Larger Bench noticed that while laying down the law in the case of Rattan Mallik (supra) for considering bail applications/ applications seeking suspension of sentence, has not taken into consideration the order passed in the case of Mansingh (supra) and that demands necessary guidance as to which one precedent is to be followed. As already stated the effect, implication and need of the operation of Section 37 of the Act of 1985 was considered in detail by Hon'ble the Supreme Court in the case of Dadu alias Tulsidas v. State of Maharashtra (supra) and the same was reiterated in the case of Rattan Mallik (supra). So far as the order passed in the case of Mansingh (supra) is concerned, that is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is to ensure due and proper administration of justice and is intended to be co-extensive in each case with the needs of justice of a given case and to meeting any exigency. Very wide powers have been conferred on this Court for due and proper administration of justice and whenever the Court sees that the demand of justice warrants exercise of such powers, it will reach out to ensure that justice is done by resorting to this extraordinary power conferred to meet precisely such a situation. True it is, that the power must be exercised sparingly for furthering the ends of justice but it cannot be said that its exercise is conditioned by any statutory provision. Any such view would defeat the very purpose and object of conferment of this extraordinary power. In the Union Carbide case this Court observed as under: (SCC p.634, para 83) "It is necessary to set at rest certain misconceptions in the arguments touching the scope of the powers of this Court under Article 142(1) of the Constitution.... The proposition that a provision in any ordinary law irrespective of the importance of the public policy on which it is founded, operates to limit the powers of the Apex Court under Art ..... X X X X Extracts X X X X X X X X Extracts X X X X
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