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Supreme Court of India 2021-03-08 allowed

Union of India vs Prateek Shukla

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The Supreme Court considered whether bail granted by the High Court to a person accused of serious drug trafficking offences under the NDPS Act should stand. The respondent was alleged to be director of a company involved in diverting large quantities of acetic anhydride and amphetamine as part of an international drug syndicate. The High Court had granted bail based on the respondent being educated and having a clean past, with minimal application of the legal framework. The Court held the High Court erred by failing to apply the strict statutory test under Section 37 NDPS Act, relying on irrelevant circumstances, and providing inadequate reasoning. The appeal was allowed and bail cancelled.

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Criminal Law Bail Narcotic Drugs and Psychotropic Substances Act Drug Trafficking Appellate Jurisdiction Judicial Review

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