VidhiSangh

Supreme Court of India · 29/01/2025

NARCOTIC CONTROL BUREAU versus LAKHWINDER SINGH

[2025] 1 S.C.R. 1581 · 2025 INSC 190

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Summary

The Supreme Court upheld suspension of sentence and bail granted to an NDPS convict pending appeal, holding that Supreme Court Legal Aid Committee (1994) does not bar bail before half the sentence is served, and that Section 37 of the NDPS Act cannot be used to deny bail where the appeal is unlikely to be heard before a substantial part of a fixed sentence is undergone.

Issues

  1. Whether a convict under the NDPS Act can be granted suspension of sentence and bail pending appeal before undergoing half of the substantive sentence, in view of Supreme Court Legal Aid Committee v. Union of India (1994).
  2. Whether the restrictions in Section 37 of the NDPS Act prevent the appellate court from granting bail where the accused has served a substantial part of the sentence and the appeal is unlikely to be heard before the sentence ends.

Provisions considered

Held

Result

Appeal by the Narcotics Control Bureau dismissed; liberty to the appellant to seek cancellation of bail if the respondent misuses it.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1581.