UNION OF INDIA Vs. GIDEON SYIEM
LAWS(MEGH)-2013-5-6
HIGH COURT OF MEGHALAYA
Decided on May 31,2013

UNION OF INDIA Appellant
VERSUS
GIDEON SYIEM Respondents

JUDGEMENT

- (1.) The brief fact of the case is that, the accused namely; Gideon Syiem was arrested on 24.08.11 on the charge of possessing narcotic drugs and psychotropic substances by the Customs authorities. It appears that another accused who is a Nigerian resident is also involved in this case. On 14.12.11, the Special Judge vide order dated 14.12.11 granted bail in favour of the accused Gideon Syiem on the ground that the other accused is yet to be apprehended and his arrest is time consuming.
(2.) Being aggrieved by the said impugned order, this instant revision petition has been moved by the Union of India under Section 439(2) and Section 482 CrPC.
(3.) Mrs. T Yangi, the learned counsel appearing for on behalf of the petitioner submits that, while granting bail, the Court has totally ignored the mandatory provision of Section 37 of the NDPS Act and has also failed to apply judicial mind. Hence, the impugned order dated 14.12.11 is bad in law, so bail may be cancelled.;


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