Ripon Sk vs The State Of West Bengal on 28 August, 2023

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Supreme Court - Daily Orders

Ripon Sk vs The State Of West Bengal on 28 August, 2023

Bench: B.V. Nagarathna

                                             IN THE SUPREME COURT OF INDIA
                                            CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPEAL NO                     OF 2023
                                     (Arising out of SLP (Crl) No.5424 of 2023)


     RIPON SK & ANR.                                                                            Appellant(s)

                                                            VERSUS

     THE STATE OF WEST BENGAL                                                                   Respondent(s)

                                                         O R D E R

Leave granted.

We have heard learned counsel for the appellants and learned counsel for the respondent-State and perused the material on record.

FIR dated 06.09.2020 has been filed against the appellants herein under Section 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on account of the alleged recovery of 100 bottles of Phensedyl Cyrup which were allegedly being carried by each of the appellants herein towards the Bangladesh Border.

Learned counsel for the appellants submitted that the appellants are in custody for over 2 years, 11 months and odd days. That, there are 15 witness to be examined in the trial and three witnesses only have been examined.

Learned counsel for the appellants also drew our attention to the orders passed by this Court in similar matters wherein, for seizure of 10 litres of Codeine Mixture, this Court has considered the case of the appellants therein and has granted regular bail.

Signature Not Verified

Therefore, he submitted that the appellants herein also may be Digitally signed by Harshita Uppal Date: 2023.08.28 15:49:35 IST released on bail.

Reason:

1/2 SLP(Crl) No.5424/2023

Per contra, learned counsel for the respondent-State submitted that granting bail to these appellants would only encourage them to once again commit the same offence as they were caught transporting the substances towards Bangladesh Border and therefore, this Court may not release them on bail.

However, we find that this Court, in several cases of alleged recovery of Codeine mixture (Phensedyl syrup) which were above commercial quantity from the accused, have nevertheless been granted bail on terms and conditions to the satisfaction of the trial Court.

In the interest of consistency and having regard to the facts of the present case, since the appellants are in custody for over 2 years and 11 months, we find that the interest of justice would be subserved if these appellants are also released on bail, subject to the terms and conditions to be imposed by the trial court. The criminal appeal is allowed and disposed of in the aforesaid terms.

Pending application(s), if any, shall also stand disposed of.

. . . . . . . . . . ,J [B.V. NAGARATHNA] . . . . . . . . .,J [UJJAL BHUYAN] NEW DELHI, AUGUST 28, 2023 SLP(Crl) No.5424/2023 ITEM NO.3 COURT NO.12 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.5424/2023 (Arising out of impugned final judgment and order dated 31-01-2023 in CRM (NDPS) No. 102/2023 passed by the High Court at Calcutta) RIPON SK & ANR. Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) (IA No. 87114/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 87112/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 28-08-2023 These matters were called on for hearing today. CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Anjan Datta, Adv.

Mr. Tapodip Gupta, Adv.

Mr. Pawan Kumar, Adv.

Mr. Rajasmit Mondal, Adv. Mr. Adarsh Kumar, Adv.

Mr. Rajendra P. Tiwari, Adv. Mr. Digant Mishra, Adv.

Mr. Rahul Sharma, Adv.

Ms. Kajal Kumari, Adv.

Mrs. Shashi Bala Pal, Adv. Mr. Ram Bhadauria, Adv.

Mr. Robin Khokhar, AOR For Respondent(s) Ms. Madhumita Bhattacharjee, AOR Ms. Urmila Kar Purkayastha, Adv. Ms. Srija Choudhury, Adv. Mr. Sandeep, Adv.

Mr. Anant, Adv.

UPON hearing the counsel the Court made the following 1/2 SLP(Crl) No.5424/2023 O R D E R Leave granted.

The appellants are released on bail.

The criminal appeal is allowed in terms of the singed order.

Pending applications, if any, shall stand disposed of.

(KRITIKA TIWARI) (MALEKAR NAGARAJ) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed on file)

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