Supreme Court - Daily Orders
Gauri Shankar Jaiswal vs Narcotic Control Bureau on 9 October, 2023
Bench: Hrishikesh Roy, Sanjay Karol
ITEM NO.4 COURT NO.9 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). 33366/2023
(Arising out of impugned judgment and order dated 31-05-2023 in BA
No. 3294/2022 passed by the High Court of Delhi at New Delhi)
GAURI SHANKAR JAISWAL Petitioner(s)
VERSUS
NARCOTIC CONTROL BUREAU Respondent(s)
(FOR ADMISSION and I.R. and IA No.198188/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.198194/2023-EXEMPTION FROM
FILING O.T. and IA No.198182/2023-CONDONATION OF DELAY IN
REFILING / CURING THE DEFECTS)
Date : 09-10-2023 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. Aditya Aggarwal, Adv.
Mr. Naveen Panwar, Adv.
Mr. Ayush Anand, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Heard Mr. Aditya Aggarwal, learned counsel appearing for the petitioner.
The counsel would point out from the custody certificate issued by the Tihar Jail Authorities that the petitioner has been incarcerated for 4 years 11 months, as on 04.09.2023. The counsel would next submit that the Narcotic Control Bureau has failed to Signature Not Verified Digitally signed by NITIN TALREJA Date: 2023.10.12 adhere to the provisions of Section 52A of the NDPS Act as amended 16:51:01 IST Reason:
w.e.f. 29.05.1989, in seizing the Contraband in question. It is 1 further submitted that for conviction under Section 21 Clause (c), the maximum sentence may extend to 20 years and minimum sentence prescribed is 10 years imprisonment.
Issue notice, returnable in three weeks.
(NITIN TALREJA) (KAMLESH RAWAT)
COURT MASTER (SH) ASSISTANT REGISTRAR
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