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Supreme Court of India 2021-03-08 allowed

Union of India vs Prateek Shukla

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

The Supreme Court set aside a High Court bail order granted to Prateek Shukla, accused of drug trafficking offences under the NDPS Act. The respondent was alleged to be a director of a company used to divert controlled substances (acetic anhydride and amphetamine) as part of an international syndicate. The High Court had granted bail based on the respondent's educational qualifications and clean past, without applying the statutory legal framework. The Supreme Court held that bail decisions under the NDPS Act must apply Section 37's legal norms, not subjective character judgments. The alleged involvement in an international drug syndicate with seized incriminating material required proper statutory analysis, which the High Court had failed to undertake. The bail was cancelled and the respondent ordered to surrender."

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Narcotic Drugs and Psychotropic Substances Bail Criminal Procedure Drug Trafficking Judicial Process

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