1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.862 OF 2021 (@ out of SLP (Crl.) No. 6028/2020 UNION OF INDIA Appellant(s) VERSUS VIMLA SINGH Respondent(s) O R D E R Leave granted. This appeal challenges the order dated 03.03.2020 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Bail No.11405/2019 filed by accused - Vimla Singh- respondent herein. The respondent alongwith four others is facing prosecution for having committed offences punishable under Sections 8(C), 18, 28, 29 and 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act", for short) and was taken in custody on 10.08.2019. By aforesaid order dated 03.03.2020, the application preferred by respondent seeking relief under Section 439 of the Code of Criminal Procedure (‘the Code’ for short) was allowed by the High Court pursuant to which the respondent has been released on bail. Similar relief was extended to other accused. Heard Ms. Aishwarya Bhati and Mr. Jayant K. Sood, learned ASGs for the appellant and Mr. Ashutosh Lal, Mr. Dushyant Parashar and Mr. Ehtesham Hashmir, learned advocates for the respondents-accused
2 in all the matters. Learned ASGs submit that the order passed by the High Court has not taken into account the effect and rigour of Section 37 of the Act. It is also submitted that after framing of charges in the instant matter, the trial is on progress and only five witnesses are left to be examined on behalf of the prosecution. We see force in the submission. We, therefore, allow this appeal and while setting aside the order passed by the High Court direct the respondent to surrender before the concerned police station with 15 days from today, failing which the bail bonds furnished at the time of her release shall stand forfeited and the respondent shall be taken into custody forthwith by the concerned police. CRIMINAL APPEAL NO.863 OF 2021 (@ out of SLP(Crl) No. 4780/2021) CRIMINAL APPEAL NO.864 OF 2021 (@ out of SLP(Crl) No. 3709/2021) CRIMINAL APPEAL NO.865 OF 2021 (@ out of SLP(Crl) No. 3453/2021) CRIMINAL APPEAL NO.866 OF 2021 (@ out of SLP(Crl) No. 4065/2021) As stated above, based on the aforesaid order dated 03.03.2020, four other accused, namely, Dhanraj, Chausari Kami, Ram Bahadur Singh and Bhakt Bahadur Singh vide orders dated 11.11.2020, 29.07.2020, 18.12.2020 and 24.11.2020 respectively were granted bail. The orders passed in their matters also suffer from the same infirmity.
3 Those orders are, therefore, set aside and the concerned respondents are also directed to surrender to present themselves before the concerned Police Station within 15 days, failing which bail bonds furnished at the time of their release shall stand forfeited and the police shall be at liberty to take them in custody forthwith. With the aforesaid directions, all the appeals stand allowed. ........................J. ( UDAY UMESH LALIT ) .......................J. (AJAY RASTOGI) New Delhi, August 19, 2021
4 Revised for appearance ITEM NO.20 Court 2 (Video Conferencing) SECTION II 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). 6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No. 11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.124101/2020-EXEMPTION FROM FILING O.T IA No. 124101/2020 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 4780/2021 (II) (FOR ADMISSION and I.R.) SLP(Crl) No. 3709/2021 (II) (FOR ADMISSION and I.R.) SLP(Crl) No. 3453/2021 (II) (FOR ADMISSION and I.R.) SLP(Crl) No. 4065/2021 (II) (IA No. 65814/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 19-08-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) SLP(Crl) No.6028/2020 Mr. Aman Lekhi, ASG Mr. B V Balaram Das, AOR Ms. Nivedita Nair, Adv. Mr. Akshay Amritanshu,Adv. Mr. Varun Chugh, Adv. Ms. Vimla Sinha, Adv. SLP(Crl) No. 4780/2021 Mr. Aman Lekhi, ASG Ms. Aishwarya Bhati, ASG.
5 Mr. Manish, Adv. Ms. Alka Agrawal, Adv. Mr. B.V. Balram Das, AOR SLP(Crl) No. 3709/2021 Mr. Aman Lekhi, ASG Ms. Aakanksha Kaul, Adv. Ms. Swati Ghildiyal, Adv. Mr. Akshay Amritanshu, Adv. Mr. B.V. Balram Das, AOR Mr.Tushar Mehta, SG SLP(Crl) No.3453/2021 Mr. Jayant Sud, ASG Mr. D.L.Chidananda, Advocate Mr.Mehul Gupta, Advocate Mr.Rajat Nair, Advocate Mr. B. V. Balaram Das, AOR SLP(Crl) No.4065/2021 Mr. Vikramjit Banerjee, ASG Mr. Nachiketa Joshi, Adv. Mr. Adit Khurana, Adv. Ms. Rashmi Malhotra, Adv. Mr. B. V. Balaram Das Mr. Aman Lekhi,ASG Mr. Akshay Amritanshu, Adv Ms. Swati Ghildiyal, Adv Ms. Aakansha kaul, Adv Mr. BV Balaram Das, AOR For Respondent(s) Mr. Ashutosh Lal, Adv. Mr. Alok Kr. Misra, Adv. Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted The appeals are allowed in terms of the signed order. Pending applications, if any, shall stand disposed of. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER (SIGNED ORDER IS PLACED ON THE FILE)
ITEM NO.8 Court 1 (Video Conferencing) SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.4780/2021 (Arising out of impugned final judgment and order dated 11112020 in BN No. 6983/2020 passed by the High Court of Judicature at Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS DHANRAJ Respondent(s) (FOR ADMISSION and I.R.) Date : 16072021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Ms. Aishwarya Bhati, ASG Ms. Alka Agarwal, Adv. Mr. Manish, Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Heard learned Additional Solicitor General appearing for the Union of India. Issue notice. Tag with Special Leave Petition (Crl.) No.6028 of 2020. (VISHAL ANAND) (R.S. NARAYANAN) ASTT. REGISTRARcumPS COURT MASTER (NSH)
ITEM NO.15 Court 1 (Video Conferencing) SECTION II 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).3453/2021 (Arising out of impugned final judgment and order dated 18-12-2020 in BN No.10358/2020 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow) UNION OF INDIA Petitioner(s) VERSUS RAM BAHADUR SINGH Respondent(s) (FOR ADMISSION and I.R.) Date : 07-07-2021 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Jayant Sud, ASG Mr. D.L. Chidananda, Adv. Mr. Mehul Gupta, Adv. Mr. Rajat Nair, Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. Heard learned Additional Solicitor General appearing on behalf of the petitioner – Union of India. Issue notice, returnable on 17.08.2021. Dasti service, in addition, is permitted. The process shall additionally be served through the Trial Court. List along with SLP(Crl.)No.6028 of 2020 on 17.08.2021. (SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH)
ITEM NO.27 COURT NO.3 SECTION II (HEARING THROUGH VIDEO CONFERENCING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.4065/2021 (Arising out of impugned final judgment and order dated 24-11-2020 in BN No.7139/2020 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS BHAKT BAHADUR SINGH Respondent(s) (FOR ADMISSION and I.R.; and, IA No.65814/2021 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 05-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Vikramjit Banerjee, ASG Ms. Rashmi Malhotra, Adv. Ms. Nachiketa Joshi, Adv. Mr. Adit Khorana, Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. To be listed alongwith SLP (Crl.) No.6028 of 2020 on 13.08.2021. (MUKESH NASA) (VIRENDER SINGH) COURT MASTER BRANCH OFFICER
1 ITEM NO.27 COURT NO.3 SECTION II (HEARING THROUGH VIDEO CONFERENCING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3709/2021 (Arising out of impugned final judgment and order dated 29-07-2020 in BN No.2546/2020 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS CHAUSARI KAMI Respondent(s) (FOR ADMISSION and I.R.) Date : 29-06-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Aman Lekhi, ASG Mr. Akshay Amritanshu, Adv. Ms. Swati Ghildiyal, Adv. Ms. Aakanksha Kaul, Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Our attention is invited to the order dated 08.01.2021 passed by this Court in SLP (Crl.) No.6028 of 2020 in respect of co- accused, namely, Vimla Singh. Issue notice, returnable on 17.08.2021. Dasti service, in addition, is permitted.
2 The process shall additionally be served through the Trial Court. List alongwith SLP (Crl.) No.6028 of 2020 on 17.08.2021. (MUKESH NASA) (VIRENDER SINGH) COURT MASTER BRANCH OFFICER
ITEM NO.12 Court 4 (Video Conferencing) SECTION II 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). 6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No. 11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.124101/2020-EXEMPTION FROM FILING O.T. IA No. 124101/2020 - EXEMPTION FROM FILING O.T.) Date : 16-04-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Aman Lekhi, ASG Mr. B V Balaram Das, AOR Ms.Nivedita Nair, adv. Mr. Akshay Amritanshu, Adv. Mr. Varun Chugh, Adv. Ms. Vimla Sinha, Adv. For Respondent(s) Mr. Alok Kr. Misra, Adv. Mr. Ashutosh Lal, Adv. Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R The matter is adjourned for 13.05.2021. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.15 Court 3 (Video Conferencing) SECTION II 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). 6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No. 11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.124101/2020-EXEMPTION FROM FILING O.T. ) Date : 26-03-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Aman Lekhi, Ld. ASG Mr.Akshay Amritanshu, Adv Ms.Nivedita Nair, Adv Mr.Varun Chugh, Adv Ms. Vimla Sinha, Adv Mr. B. V. Balaram Das, AOR For Respondent(s) Mr. Alok Misra, Adv. Mr. Ashutosh Lal, Adv. Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R List on 16.04.2021. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.14 COURT NO.4 SECTION II (HEARING THROUGH VIDEO CONFERENCING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No.11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R.; and, IA No.124101/2020 – FOR EXEMPTION FROM FILING O.T.) Date : 05-03-2021 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Aman Lekhi, ASG Mr. Akshay Amritanshu, Adv. Ms. Nivedita Nair, Adv. Mr. Varun Chugh, Adv. Ms. Vimla Sinha, Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) Mr. Alok Misra, Adv. Mr. Ashutosh Lal, Adv. Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R At the request of the learned counsel for the petitioner, the matter is adjourned to 26.03.2021. (MUKESH NASA) (VIRENDER SINGH) COURT MASTER BRANCH OFFICER
ITEM NO.14 Court 4 (Video Conferencing) SECTION II 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). 6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No. 11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.124101/2020-EXEMPTION FROM FILING O.T. ) Date : 19-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr.Aman Lekhi, ASG Mr. Akshay Amritanshu, Adv Mr. Nivedita Nair Mr.Varun Chugh, Adv Ms. Vimla Sinha, Adv. Mr. B. V. Balaram Das, AOR For Respondent(s) Mr.Ashutosh Lal,Advocate Mr.Alok Kumar Mishra,Advocate Mr.Priyanka Dubey,Advocate Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R It is submitted by Mr. Akshay Amritanshu, learned advocate appearing for the petitioner that the co-accused have also been released on bail and that the orders of their release are subject matter of challenge in independent petitions which will be filed shortly. List the matter on 05.03.2021. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.17 Court 4 (Video Conferencing) SECTION II 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). 6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No. 11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.124101/2020-EXEMPTION FROM FILING O.T. ) Date : 15-02-2021 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Aman Lekhi, Ld. ASG Mr. Akshay Amritanshu, Adv Mr. Nivedita Nair, Adv Mr.Vimla Singh, Adv Mr.Varun Chugh, Adv Mr. B. V. Balaram Das, AOR For Respondent(s) Mr.Ashutosh Lal,Advocate Mr.Vivek Tiwari, Advocate Mr.Priyanka Dubey,Advocate Mr.Pramod Tiwari,Advocate Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R List on 19.02.2021. (INDU MARWAH) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.42 Court 3 (Video Conferencing) SECTION II 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). 6028/2020 (Arising out of impugned final judgment and order dated 03-03-2020 in BN No. 11405/2019 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) UNION OF INDIA Petitioner(s) VERSUS VIMLA SINGH Respondent(s) (FOR ADMISSION and I.R. and IA No.124101/2020-EXEMPTION FROM FILING O.T. ) Date : 08-01-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr.Aman Lekhi, Ld. ASG Mr. Akshay Amritanshu, Adv Ms. Nivedita Nair, Adv Mr. B. V. Balaram Das, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable on 15.02.2021 Dasti in addition. The Process shall additionally be served through the Trial Court. (INDU MARWAH) (PRADEEP KUMAR) COURT MASTER (SH) BRANCH OFFICER