Chunilal Kumar v. the State of Maharashtra and Ors.
Case brief
What is this about?
This court cancelled bail for applicants charged with narcotic offences. The judges upheld the Special Judge's order to add them as accused under s.319 Cr.P.C. but held that bail under the NDPS Act requires recording reasons regarding non-guiltiness and safety.
What did the court decide?
Bail granted on 31st January 2013 and 11th February 2013 is cancelled. Applicants directed to surrender.
What the court decided
vrd 1 APL107/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.107 OF 2013
Chunilal Kumar
...Applicant
v/s
The State of Maharashtra and ors. ...Respondents
WITH
CRIMINAL APPLICATION NO.47 OF 2013
Pawan Ramchandra Wadhwa
v/s
...Applicant
Issues for consideration
2 issues framed by the court
Whether the Special Judge acted illegally in invoking powers under s.319 Cr.P.C. to add applicants as accused based on evidence.
Whether bail granted without assigning reasons can be sustained under the mandatory provisions of s.37 NDPS Act.
Parties & counsel
- applicant
Chunilal Kumar
- applicant
Pawan Ramchandra Wadhwa
- respondent
State of Maharashtra
Coram
Case details
As recorded by the court registry
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