Supreme Court - Daily Orders
Union Of India vs Prashant Rai on 4 April, 2022
Bench: Sanjiv Khanna, Bela M. Trivedi
@SLP (Crl.) No(s). 750 OF 2022
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 553 OF 2022
(@SLP (Crl.) No(s). 750 OF 2022)
UNION OF INDIA APPELLANT
VERSUS
PRASHANT RAI RESPONDENT
O R D E R
Leave granted.
The impugned order granting bail to the respondent cannot be sustained as it is contrary to the statutory mandate of Section 37 of the Narcotic Drugs and Psychotropic Substances, Act, 1985. The recovery, as alleged by the prosecution, is of commercial quantity, that is, 150 kgs of Ganja. While it is correct that the aforesaid recovery was from the co-accused, the prosecution relies upon the telephone call record details and also bank transactions with one of the co-accused, stated to be the person who had to deliver the consignment.
The respondent would surrender within a period of ten Signature Not Verified Digitally signed by Anita Malhotra Date: 2022.04.05 days from today, failing which it will be open to the 14:32:38 IST Reason: appellant to take steps to detain the respondent, in 1 @SLP (Crl.) No(s). 750 OF 2022 accordance with law.
On joint request made by the learned counsel for the parties, we direct that the trial court would conclude the trial within a period of twelve calendar months from today. Report in this regard would be submitted to this Court.
The impugned order granting bail is accordingly, set aside and the appeal is allowed in the aforesaid terms.
All pending applications stand disposed of.
……………………………………………. .J. [SANJIV KHANNA] ……………………………………………. .J. [ BELA M. TRIVEDI] NEW DELHI;
APRIL 4, 2022.
2 @SLP (Crl.) No(s). 750 OF 2022 ITEM NO.24 COURT NO.16 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). 750/2022 (Arising out of impugned final judgment and order dated 22-07-2021 in MCRC No. 39131/2020 passed by the High Court of M.P Principal Seat at Jabalpur) UNION OF INDIA Petitioner(s) VERSUS PRASHANT RAI Respondent(s) (IA No. 13173/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 13175/2022 - EXEMPTION FROM FILING O.T.) Date : 04-04-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Sanjay Jain, ASG Mr. Shamik Sananwala, Adv. Mr. O.P. Shukla, Adv.
Mr. Adit Khorana, Adv.
Mr. Yuvraj Sharma, Adv.
Mr. Arvind Kumar Sharma, AOR For Respondent(s) Mr. Gaurav Goel, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is 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