Supreme Court - Daily Orders
Sanjay Khan vs Union Of India on 25 February, 2026
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ITEM NO.1 COURT NO.13 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).5319/2026
[Arising out of impugned final judgment and order dated
13-10-2025 in CRLOP No.24942/2025 passed by the High Court
of Judicature at Madras]
SANJAY KHAN Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
[TO BE TAKEN UP AT THE TOP OF THE LIST]
(IA No. 33509/2026 - CONDONATION OF DELAY IN FILING
IA No. 33511/2026 - EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Date : 25-02-2026 This matter was called for hearing today.
CORAM :
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH
HON'BLE MR. JUSTICE R. MAHADEVAN
For Petitioner(s) Mr. Manoj K. Mishra, AOR
Mr. Paresh Upadhyay, Adv.
Mr. Umesh Dubey, Adv.
Ms. Madhulika, Adv.
Mr. Anand Kumar Rai, Adv.
SLP(Crl.) Diary No.5319/2026
Signature Not Verified
Digitally signed by
SAPNA BISHT
Date: 2026.02.25
17:39:08 IST
Reason:
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Ms. Yashica Rawal, Adv.
Mr. Amulya Dev Mishra, Adv.
For Respondent(s) Mr. Davinder Pal Singh, ASG
Mr. Rajan Kumar Chourasia, Adv.
Mr. Rajat Nair, Adv.
Ms. Astha Singh, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. Mukesh Kumar Singh, Adv.
O R D E R
Delay condoned.
2. Heard Mr. Manoj K. Mishra, learned counsel for the petitioner and Mr. Davinder Pal Singh, learned Additional Solicitor General for the respondent-Union of India.
3. The present petition has been filed by the petitioner against the impugned order dated 13.10.2025 passed by the High Court of Judicature at Madras in Crl. OP No.24942 of 2025 by which, his prayer for bail has been rejected.
4. Learned counsel for the petitioner submits that the petitioner is alleged to have been caught with 3.056 kgs. of contraband drugs but the substance which has been caught itself comes under a shadow of doubt with regard to its actual composition. It was submitted that as per the result SLP(Crl.) Diary No.5319/2026 3 of the field testing kit, the same was classified as amphetamine, whereas, the FSL report discloses that it was metamphetamine. It was submitted that the petitioner has no criminal antecedents and has been in custody for over two years now.
5. Learned Additional Solicitor General for the respondent-Union of India admits that the petitioner has no criminal antecedents. However, he submits that the petitioner himself had indicated that he was carrying metamphetamine and not amphetamine and the final report showing it to be metamphetamine, which includes amphetamine as one of the salts and thus, there is no real discrepancy. Moreover, he submits that the charges against the petitioner are likely to be framed next month and there are several witnesses to be examined. Learned ASG further submitted that even prior to the seizure, the information received by the agency was that the person was carrying metamphetamine.
6. Having heard learned counsel for the parties and taking into consideration the period of incarceration and SLP(Crl.) Diary No.5319/2026 4 the fact that there are no criminal antecedents against the petitioner, we are inclined to allow the prayer for bail to the petitioner.
7. Accordingly, the petitioner be released on bail, subject to such terms and conditions as may be imposed by the Trial Court. Further, the petitioner is directed to cooperate during the trial.
8. The Special Leave Petition stands disposed of.
9. Pending application(s), if any, shall also stand disposed of.
(SAPNA BISHT) (KOMAL)
COURT MASTER (SH) COURT MASTER (NSH)
SLP(Crl.) Diary No.5319/2026