Supreme Court - Daily Orders
Ajaz Mohammad Shafi Khan vs Union Of India on 17 May, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
SLP (Crl.) No.3387 of 2023
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
(arising out of SLP (Crl.) No.3387 of 2023)
AJAZ MOHAMMAD SHAFI KHAN ..... APPELLANT(S)
VERSUS
UNION OF INDIA & ANR. ..... RESPONDENT(S)
O R D E R
Leave granted.
The appellant - Ajaz Mohammad Shafi Khan has been in custody since 30.03.2021 in Special Case arising out of F.No. NCB/MZU/CR- 24/2021 registered under the Section 8 (c) read with Sections 20(b)
(ii) A, 22a, 22b, 22c, 25, 25A, 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 19851.
By the impugned judgment/order dated 30.08.2022, the bail application filed by the appellant - Ajaz Mohammad Shafi Khan has been rejected primarily relying upon the statement of co-accused under Section 67 of the NDPS Act.
It is an accepted fact that the alleged recovery from the appellant - Ajaz Mohammad Shafi Khan is of 31 tablets of Alprazolam, Signature Not Verified weighing about 4.5 grams. It is submitted by the Digitally signed by SWETA BALODI Date: 2023.05.17 learned counsel for the appellant - Ajaz Mohammad Shafi Khan that 19:17:02 IST Reason:
1 The NDPS Act 1 SLP (Crl.) No.3387 of 2023 the quantum would qualify as a small quantity.
However, there is another case registered against the appellant - Ajaz Mohammad Shafi Khan under the provisions of the NDPS Act, which was registered in 2018. The appellant - Ajaz Mohammad Shafi Khan has been enlarged on bail in this case. The recovery in this case was of small quantity.
Learned Additional Solicitor General, however, submits that the actual recovery made from the primary accused – Shahrukh Ashraf Khan is of commercial quantity.
Even if the allegations are correct, the issue would be whether the appellant - Ajaz Mohammad Shafi Khan, herein, is a user or habituated to drugs or otherwise involved with the financing or trafficking of drugs.
Looking at the nature of the allegations, we are of the opinion that the appellant - Ajaz Mohammad Shafi Khan, who has already been in custody for two years, should be released on bail on terms and conditions to be fixed by the trial court. The appellant – Ajaz Mohammad Shafi Khan would surrender his passport to the trial court, and would not leave India without the permission of the trial court. The appellant - Ajaz Mohammad Shafi Khan would also provide one mobile number on which he can be contacted by the officers of the Narcotics Control Bureau to ascertain his whereabouts. If required and necessary, the appellant
- Ajaz Mohammad Shafi Khan can be asked to undergo medical test(s).
Recording the aforesaid, the impugned judgment is set aside and the appeal is allowed in the above terms. 2 SLP (Crl.) No.3387 of 2023
We clarify that the observations/findings recorded in this order are for disposal of the present appeal, and would not be treated as findings on the merit of the case.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;
MAY 17, 2023.
3 SLP (Crl.) No.3387 of 2023
ITEM NO.2 COURT NO.5 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). 3387/2023
(Arising out of impugned final judgment and order dated 30-08-2022 in BA No. 423/2022 passed by the High Court of Judicature at Bombay) AJAZ MOHAMMAD SHAFI KHAN Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (IA No. 37645/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 37644/2023 - EXEMPTION FROM FILING O.T. IA No. 37653/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-05-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Nikhil Rohtagi, Adv.
Mr. Ankit Anandraj Shah, AOR Mr. Shashank Khuranna, Adv.
Mr. Saurabh Rajpal, Adv.
Mr. Kumar Aditya, Adv.
Mr. Vivek Beniwal, Adv.
Mr. Avneesh Upadhyay, Adv.
Mr. Karanshankar Mani, Adv.
Mr. Avi Kalra, Adv.
Mr. Prateek Lakra, Adv.
For Respondent(s) Mr. K M Nataraj, A.S.G. Mr. Tacho Eru, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Alabhya Dhamija, Adv.
Mr. Veer Vikrant Singh, Adv.
Mr. Arvind Kumar Sharma, AOR Mr. Omkar Deshpande, Adv.
Mr. Siddharth Dharmadhikari, Adv.4 SLP (Crl.) No.3387 of 2023
Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
UPON hearing the counsel, the Court made the following O R D E R Leave granted.
Looking at the nature of the allegations, we are of the opinion that the appellant - Ajaz Mohammad Shafi Khan, who has already been in custody for two years, should be released on bail on terms and conditions to be fixed by the trial court. The appellant – Ajaz Mohammad Shafi Khan would surrender his passport to the trial court, and would not leave India without the permission of the trial court. The appellant - Ajaz Mohammad Shafi Khan would also provide one mobile number on which he can be contacted by the officers of the Narcotics Control Bureau to ascertain his whereabouts. If required and necessary, the appellant
- Ajaz Mohammad Shafi Khan can be asked to undergo medical test(s).
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file) 5