Supreme Court - Daily Orders
Amit Sachdeva vs State Of Punjab on 30 June, 2014
, ITEM NO.59 COURT NO.7 SECTION IIB
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). 1567/2014
(Arising out of impugned final judgment and order dated 08/01/2014
in CRM 28752/2013 passed by the High Court Of Punjab & Haryana At
Chandigarh)
AMIT SACHDEVA Petitioner(s)
VERSUS
STATE OF PUNJAB Respondents(s)
(with appln. (s) for bail and office report)
Date : 30/06/2014 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
HON’BLE MR. JUSTICE RANJAN GOGOI
For Petitioner(s)
Mr. Ravindra Srivastava, Sr. Adv.
Ms. Upasana Nath, Adv.
Mr. HarmeetRuprah, Adv.
Ms. Samriti, Adv.
Dr. (Mrs.) Vipin Gupta ,Adv.
For Respondent(s)
Mr. Ajay Bansal, AAG
Mr. Kuldip Singh, Adv.
Mr. Dheeraj Gupta, Adv.
Mr. Rajiv Kumar, Adv.
Mr. Pradaman Singh, Adv.
Mr. Gaurav Yadava, Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the singed order. Signature Not Verified Digitally signed by Neeta Sapra Date: 2014.07.03 10:29:42 IST Reason:
(Neeta) (Usha Sharma) Sr. P.A. Court Master (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1262 OF 2014 (Arising out of SLP(Crl.) No. 1567 of 2014) AMIT SACHDEVA Appellant (s) VERSUS STATE OF PUNJAB Respondents(s) O R D E R Leave granted.
This appeal has been preferred by the appellant against Judgment dated 8th January, 2014 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 28752/2013 (O&M). By the impugned Judgment, the High Court refused to enlarge the appellant on bail in connection with FIR No. 10 dated 10 th February, 2013 for the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered with Police Station Division No. 1 / Kotwali Ludhiana, District Ludhiana. Learned counsel for the appellant submitted that the appellant is in custody for more than 15 months and his father is running a medical shop in the name of M/s Punjab Medical Centre, Sadar Bazar, Pindi Street Ludhiana. Drugs were purchased by M/s Punjab Medical Centre which is being carried out by the appellant. It is contended that there is a valid license in favour of the M/s Punjab Medical Centre, Ludhiana. Learned counsel for the -2- respondent-State submits that the renewal of the license was given with clear understanding that the said license is only for medicines except the drugs containing Narcotic Drugs e.g. Dextroproxyphene, Diphenoxylate, Codeine and psychotropic substance namely Pentazocine, Buprenorphine and Nitrazapam and their salts in the formulation. Referring to the original license issued on August, 2007 learned counsel for the appellant submits as on the date of incidence no such condition was mentioned in the license which was later on introduced in the renewal of license dated 6th March, 2013.
We have heard learned counsel for the parties and perused the record and taking into consideration the facts and circumstances of the case, we set aside the impugned Judgment dated 8th January, 2014 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 28752/2013 (O&M) and direct that the appellant-Amit Sachdeva, S/o Arun Kumar Sachdeva be enlarged on bail subject to furnishing bail bond for the sum of Rs.20,000/- along with two sureties of the like amount to the satisfaction of the trial court.
The appeal is allowed with aforesaid observations.
............................J. (SUDHANSU JYOTI MUKHOPADHAYA) ............................J. (RANJAN GOGOI) NEW DELHI;
JUNE 30, 2014