[Rhea Bail Hearing-LIVE UPDATES] Bombay HC Hearing On Bail Application Of Rhea Chakraborty And Others In NDPS Case

Desai quotes the paragraph from the Delhi HC judgment on the impact of 'non-obstante' clause in Sec 37.

Desai also referring to "Minnie Khadim Ali Kuhn vs State Nct Of Delhi & Ors" judgment of the Delhi HC.

Justice Kotwal : Are you saying it is a ratio, or obiter or a passing reference?

Desai : I would say it is a passing reference, a fleeting observation.

Adv Desai : The issue whether offences under NDPS are bailable or non-bailable did not fall for the consideration of the Constitution Bench. It was a fleeting observation.

Adv Subodh Desai for another accused submits that Baldev Singh judgment was dealing with Section 50 of NDPS Act.

Justice Kotwal says that observations of the Constitution Bench judgment are binding and not just the ratio.

Justice Kotwal says that 'Baldev Singh' judgment clearly stated that all NDPS cases are non-bailable.

Maneshinde : If we are taking that to be gospel truth, I don't have anything to add.

Delhi HC held that the heading of Section 37nthay all offences under NDPS Act are non-bailable do not bind the Court : Maneshinde quotes

Maneshinde further refers to the following paragraph from "Gurbaksh Singh Sibbia" judgment.

Maneshinde quotes this paragraph from the Delhi HC judgment.

Maneshinde refers to the 2012 judgment of the Delhi HC authored by Justice Ravindra Bhat in the case 'Minnie Khadim Ali Kuhn vs State Nct Of Delhi'.