Johnson vs State Rep By The Inspector Of Police, Nib ... on 18 October, 2024

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Supreme Court - Daily Orders

Johnson vs State Rep By The Inspector Of Police, Nib ... on 18 October, 2024

Bench: Surya Kant

     ITEM NO.4                             COURT NO.4                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

     Petition(s) for Special Leave to Appeal (Crl.) No(s).9737/2024

     (Arising out of impugned final judgment and order dated 12-06-2024
     in CRLOP No.8845/2024 passed by the High Court Of Judicature At
     Madras)

     JOHNSON                                                           Petitioner(s)

                                                   VERSUS

     STATE REP BY THE INSPECTOR OF POLICE, NIB - CID                   Respondent(s)

     (FOR ADMISSION and IA No.157454/2024-EXEMPTION FROM FILING O.T.)

     Date : 18-10-2024 This petition was called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE SURYA KANT
                            HON'BLE MR. JUSTICE UJJAL BHUYAN

     For Petitioner(s)                Mr. G. Murugendran, Adv.
                                      Mr. T. Harish Kumar, AOR

     For Respondent(s)                Mr. D. Kumanan, AOR
                                      Ms. Deepa S, Adv.
                                      Mr. Sheikh F Kalia, Adv.
                                      Mr. Veshal Tyagi, Adv.
                                      Mr. Chinmay Anand Panigrahi, Adv.
                                      Ms. Shagufa Khan, Adv.

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

1. The petitioner seeks enlargement on bail in FIR No.13/2021 (now CC NO.315/2021) registered at Police Station NIB-CID, Chennai under Section 8(c) read with Section 20(b)(ii)(c), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, Signature Not Verified the “NDPS Act”).

Digitally signed by

ARJUN BISHT Date: 2024.10.18 16:45:38 IST Reason:

2. The allegations are that 150 kgs. of ganja was recovered from 1 the trunk of the petitioner’s car. The vehicle was intercepted on some secrete information while the petitioner was driving the same. The petitioner was arrested on 26.03.2021 and is in custody since then. The bail was declined primarily on the ground that a huge quantity of ganja, which falls in commercial category, was recovered from the conscious possession of the petitioner.

3. Though, learned senior counsel for the State informs that the trial has commenced and some of the witnesses have already been examined, it seems to us that the final conclusion of the trial will take some more time.

4. Taking into consideration the fact that the petitioner has already spent more than 3½ years in custody and there are no criminal antecedents, we are satisfied that the conditions of Section 37 of the NDPS Act are deemed to have been adequately met with. Consequently, but without expressing any opinion on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court. He shall remain present on each and every date of hearing before the Trial Court till the trial is concluded.

5. The special leave petition is, accordingly, disposed of.

6. All pending applications, if any, also stand disposed of.

(ARJUN BISHT)                                                 (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS                                       ASSISTANT REGISTRAR




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