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Supreme Court - Daily Orders

Union Of India vs Abu Thahir B @ Abdu on 7 January, 2021

Bench: A.M. Khanwilkar, Krishna Murari

                                                     1

     ITEM NO.30                   Court 4 (Video Conferencing)            SECTION II-C

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 22749/2020

     (Arising out of impugned final judgment and order dated 11-10-2019
     in CRLP No. 6359/2019 passed by the High Court Of Karnataka At
     Bengaluru)

     UNION OF INDIA                                                      Petitioner(s)

                                                    VERSUS

     ABU THAHIR B @ ABDU                                                 Respondent(s)

     ( IA No.114729/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.114728/2020-CONDONATION OF DELAY IN FILING
     APPEAL )

     Date : 07-01-2021 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE A.M. KHANWILKAR
                            HON'BLE MR. JUSTICE KRISHNA MURARI


     For Petitioner(s)                Mr.   Aman Lekhi, ASG (NP)
                                      Mr.   Merusagar Samantaray, Adv.
                                      Mr.   Bhuvan Mishra, Adv.
                                      Mr.   B. V. Balaram Das, AOR

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

Delay condoned, although we are not convinced with the grounds stated for condoning the delay.

On merits, we find no reason to interfere with the prima facie opinion recorded by the High Court that it is Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2021.01.08 17:02:06 IST a case of non-compliance of Section 42 of the Narcotic Reason:

Drugs and Psychotropic Substances Act, 1985 for which 2 reason the private respondent came to be released on bail on 11.10.2019.
At this distance of time, in any case, that position cannot be reversed. The Special Leave Petition is dismissed accordingly.
The Trial Court shall take necessary steps to conclude the trial preferably by end of June, 2021 and during the trial, if it is noticed that the private respondent is not cooperating with the Court, that can be a cause for cancellation of bail being violation of condition of bail, which can be invoked by the petitioner. That plea be decided on its own merits.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH)                                            (VIDYA NEGI)
COURT MASTER (SH)                                         COURT MASTER (NSH)