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Supreme Court of India 2020-01-24 allowed

State of Kerala etc vs Rajesh etc

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The State of Kerala challenged bail orders granted to drug trafficking accused by a High Court Single Judge. The Supreme Court held that while the Single Judge failed to record mandatory findings under Section 37 of the NDPS Act before granting bail, a court cannot recall or reconsider its own bail order through the revisional powers under Section 482 CrPC. The appropriate remedy for an aggrieved party is to appeal before a superior forum, not seek reconsideration from the same court. The appeals were allowed on this jurisdictional principle.

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Criminal Procedure Bail NDPS Act Jurisdiction Revisional Powers

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