HARBANS KOUR Vs. STATE
LAWS(J&K)-1993-9-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 13,1993

HARBANS KOUR Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)Are women to be accorded special consideration in matters of grant of bail, is the interesting question posed in this bail application.
(2.)Petitioner, Harbans Kour was arrested on 9/07/1993 on a charge of trading in opium. She was booked u/S.17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 following seizure of 3 K.Gs of opium from her room and is standing trial before the old Sessions Judge, Jammu. Her bail application has been rejected by the trial court and she has now come up to this court for her release.
(3.)Petitioner's case is more based on gender and revolves round the ambit and scope of S. 36-C of the Act. Her counsel, Mr. Tak builds his castle round this provision and contends that as S. 36-C makes provisions of Cr. P.C. (including those related to Bail and Bail Bonds) applicable to proceedings under the Act, S. 497, Cr. P.C. becomes automatically applicable and since proviso to this Section permits release of women even in offences punishable with death and life imprisonment, it follows as a necessary corollary that women constitute an exception and deserve special consideration in case of offences under the N.D. P. S. Act also. He goes a step further and urges that S. 37 of the Act which contains stringent conditions for grant of bail is not applicable to women and in their case S.497, Cr. P.C. alone is the guiding factor.


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