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Supreme Court - Daily Orders

Afarul Sk vs The State Of West Bengal on 11 September, 2023

Bench: Hrishikesh Roy, Sanjay Karol

                                                     1

     ITEM NO.5                              COURT NO.9                 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

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).32169/2023

     (Arising out of impugned final judgment and order dated 07-12-2022
     in CRM (NDPS) No. 1453/2022 passed by the High Court At Calcutta)

     AFARUL SK & ORS.                                                    Petitioner(s)

                                                    VERSUS

     THE STATE OF WEST BENGAL                                            Respondent(s)

     ( IA No.179517/2023-CONDONATION OF DELAY IN FILING and IA
     No.179516/2023-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES )

     Date : 11-09-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE HRISHIKESH ROY
                             HON'BLE MR. JUSTICE SANJAY KAROL


     For Petitioner(s)                 Mr. Dibyadyuti Banerjee, Adv.
                                       Mrs. Sumedha Halder, Adv.
                                       Mr. Umang Gupta, Adv.
                                       Mr. Sermon Rawat, Adv.
                                       Mr. Abhijit Sengupta, AOR
                                       Mr. Rohit Jaiswal, Adv.

     For Respondent(s)                 Ms. Aastha Sharma, AOR


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

Delay condoned.

2. Heard Ms. Sumedha Halder, learned counsel appearing for the petitioners. The counsel would submit that the petitioners are in custody since 25.02.2022. Moreover, there is violation of Section Signature Not Verified 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Digitally signed by Jayant Kumar Arora Date: 2023.09.11 17:52:31 IST Reason: recovering the contraband in question. It is also pointed out that 300 bottles of phensedyl cough syrup was recovered from the vehicle 2 where the seven passengers were traveling and all of them have been arrayed as accused in the FIR No.108/2022.

3. Issue notice, returnable in four weeks.

4. Ms. Aastha Sharma, learned counsel accepts notice on behalf of the State of West Bengal.

5. Considering the facts and circumstances, we deem it appropriate to grant the petitioners interim bail. Accordingly, the petitioners (Afarul Sk, Munsur Sk @ Mansur Sekh, Rafikul Islam and Bapan Sk @ Sekh Rony @ Rony) be released on interim bail subject to the terms and conditions to be imposed by the Trial Court.

(DEEPAK JOSHI)                                      (KAMLESH RAWAT)
COURT MASTER (SH)                                 ASSISTANT REGISTRAR