Supreme Court - Daily Orders
Narcotic Control Bureau vs Ajeet Kumar Yadav on 7 January, 2022
Bench: Sanjiv Khanna, Bela M. Trivedi
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 46 OF 2022
( SLP(Crl.) No. 6958/2021)
NARCOTIC CONTROL BUREAU APPELLANT(S)
VERSUS
AJEET KUMAR YADAV RESPONDENT(S)
O R D E R
Leave granted.
We have heard the learned counsel for the parties. The impugned order is unsustainable as does not take into consideration the statutory mandate of Section 37 of the Narcotic Drugs And Psychotropic Substances, Act 1985 (for short, ‘NDPS Act’).
In view of the aforesaid position, the impugned order is set aside and the respondent is directed to surrender within a period of seven days. If the respondent does not surrender within the aforesaid time, the investigation officer would take immediate and necessary steps to detain and arrest the respondent. Signature Not Verified Digitally signed by Charanjeet kaur Date: 2022.01.24 16:41:29 IST Reason: We also restore B.A. No. 3081 of 2021 to the file of the High Court with a direction to decide the bail 1 application afresh in accordance with law and without being influenced by the impugned order. We clarify that we have not expressed any opinion on the merits. It will be open to the respondent to move an application for early listing of bail application after the respondent surrenders.
The appeal is partly allowed, setting aside the impugned order on the aforesaid terms with direction of a fresh decision.
All pending applications stand disposed of.
……………………………………………. .J. [SANJIV KHANNA] ……………………………………………. .J. [ BELA M. TRIVEDI] NEW DELHI;
JANUARY 07, 2022
2
ITEM NO.21 Court 15 (Video Conferencing) SECTION II-A
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). 6958/2021
(Arising out of impugned final judgment and order dated 18-03-2021 in BA No. 3081/2021 passed by the High Court of Jharkhand at Ranchi) NARCOTIC CONTROL BUREAU Petitioner(s) VERSUS AJEET KUMAR YADAV Respondent(s) ( IA No. 115618/2021 - EXEMPTION FROM FILING O.T.) Date : 07-01-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Parties Mr. Aman Lekhi, ASG Ms. Sunita Rani Singh, Adv. Ms. Vimla Sinha, Adv.
Ms. Swarupama Chaturvedi, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Rajesh Ranjan, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is partly allowed in terms of the Signed Order.
All pending applications stand disposed of.
(SONIA BHASIN) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH) [Signed Order is placed on the file] 3