Supreme Court - Daily Orders
Frank Vitus vs Narcotics Control Bureau on 14 August, 2023
Bench: Abhay S. Oka, Sanjay Karol
ITEM NO.3 COURT NO.11 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
Petition(s) for Special Leave to Appeal (Crl.) No(s).6339-6340/2023
(Arising out of impugned final judgment and orders dated 31-05-2022
and dated 18-08-2022 in BA No. 4187/2020 passed by the High Court
of Delhi at New Delhi)
FRANK VITUS Petitioner(s)
VERSUS
NARCOTICS CONTROL BUREAU Respondent(s)
(Mr. Vinay Navare, Sr. Advocate has been appointed Amicus Curiae
IA No. 71763/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 71766/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 14-08-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KAROL Mr. Vinay Navare,Sr.Adv.(Amicus Curiae) For Petitioner(s) Mr. Varun Mishra,Adv.
Mr. Aniruddha Singh Rajavat,Adv. Mr. Ankur Jain,Adv.
Mr. Ajay Sharma,Adv.
Ms. Manju Jetley, AOR For Respondent(s) Mr. Vikramjeet Banerjee, A.S.G. Mr. Upender Mishra, Adv.
Mr. Venkata Raghu Vamsy Dasika, Adv. Mr. Rahul G. Tanwani, Adv.
Mr. Arvind Kumar Sharma, AOR Mr. Sunil Kumar Srivastava,Adv. Mr. Abhishek Singh,Adv.
Signature Not Verified Digitally signed by Anita Malhotra Date: 2023.08.16 17:16:25 IST Reason: 1 UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel appearing for the petitioner, the learned Additional Solicitor General for the respondent and the Amicus Curiae Mr. Vinay Navare, learned senior counsel.
We direct the respondent to file an affidavit elaborating the consequence of the implementation of the condition of dropping a PIN on the google map which is a condition incorporated in the order granting bail. All technical aspects of dropping a PIN and consequences thereof shall be elaborated by an expert in the field by filing an affidavit.
As regard the condition No.(iv) which is incorporated in the bail order, as noted in the last order, in terms of the directions issued by this Court in the case of Supreme Court Legal Aid Committee v. Union of India & Ors.1 this condition has been incorporated. The respondent will have to place on record the data, if available, regarding compliance with such condition made by the Embassies/High Commissions of various countries whenever such condition has been incorporated by the Courts.
1. (1994) 6 SCC 731 2 The learned Additional Solicitor General will also take instructions whether there was any occasion for the Indian Embassy or Indian High Commission to give such an assurance in respect of any Indian citizen who is being prosecuted in a foreign country.
The other issue will be that in a given case, if the Embassy/High Commission refuses to give assurance as contemplated by clause (iv), when an accused is otherwise entitled to bail, whether he should be denied bail, especially when it is possible to impose other terms and conditions which will ensure that he will not leave the country.
We permit the respondent to file affidavits on both the aspects.
We grant time of six weeks to do so. Advance copy of the affidavits to be furnished to the learned Amicus Curiae.
List on 13th October, 2023.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
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