1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP (Crl.) No.4310/2023) UNION OF INDIA Appellant(s) VERSUS RAM PRAVESH YADAV Respondent(s) O R D E R Leave granted. 2. Heard Mr. S. V. Raju, learned ASG appearing for the appellant- Union of India. Also heard Mr. Rajnish Kumar Jha, learned counsel appearing for the respondent. 3. Notice in this case, was issued on 17.04.2023. It is seen that huge quantity of contraband Ganja (3842.5 kg) was seized from the concerned truck. We have also perused the order of the High Court granting bail. There is no discussion on dispensing with the threshold parameters under Section 37 of the NDPS Act. 3. Considering the circumstances, we are of the view that bail for the respondent was unmerited. Accordingly, the impugned order dated 04.01.2023 of the High Court granting bail to the respondent is set aside. The respondent (Ram Pravesh Yadav) be taken into custody forthwith. 4. With the above order, the appeal is allowed. Pending application(s), if any, stands closed. .......................... J. [ HRISHIKESH ROY ] .......................... J. [ S.V.N. Bhatti ] NEW DELHI; OCTOBER 15, 2024.
2 ITEM NO.39 COURT NO.5 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).4310/2023 (Arising out of impugned final judgment and order dated 04-01-2023 in CRMBA No. 45736/2022 passed by the High Court of Judicature at Allahabad) UNION OF INDIA Petitioner(s) VERSUS RAM PRAVESH YADAV Respondent(s) IA No. 112700/2024 - DISCHARGE OF ADVOCATE ON RECORD IA No. 68286/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 15-10-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Suryaprakash V Raju, A.S.G. Mr. Gurmeet Singh Makker, AOR Ms. Sairica Raju, Adv. Mr. Sayooj Mohan Das, Adv. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. B K Satija, Adv. For Respondent(s) Mr. Rajnish Kumar Jha, AOR Mr. Vivekanand Jha, Adv. Mr. Mahendra Kumar, Adv. Mr. Dilip Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal stands allowed in terms of the signed order. Pending application(s), if any, stand closed. [DEEPAK JOSHI] [KAMLESH RAWAT] ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed Order is placed on the File)
1 ITEM NO.28 COURT NO.5 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).4310/2023 (Arising out of impugned final judgment and order dated 04-01-2023 in CRMBA No. 45736/2022 passed by the High Court of Judicature At Allahabad) UNION OF INDIA Petitioner(s) VERSUS RAM PRAVESH YADAV Respondent(s) IA No. 112700/2024 - DISCHARGE OF ADVOCATE ON RECORD IA No. 68286/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 10-09-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Mukesh Kumar Maroria, AOR Mr. S.V. Raju, A.S.G. Ms. Sairica Raju, Adv. Mr. Sayooj Mohan Das, Adv. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. G. S. Makker,aor, Adv. For Respondent(s) Mr. Rajnish Kumar Jha, AOR Mr. Vivekanand Jha, Adv. Mr. Mahendra Kumar, Adv. Mr. Alok Kumar Dwivedi, Adv. Mr. Keerthikvasan E, Adv. Ms. Monika, Adv. Mr. Dilip Kumar, Adv. Mr. Chand Qureshi, AOR UPON hearing the counsel the Court made the following O R D E R Mr. S.V. Raju, learned Additional Solicitor General submits that the respondent - accused is absconding and non-
2 bailable warrant has been issued against the accused – Ram Pravesh Yadav. Mr. Rajnish Kumar Jha, learned counsel submits that an application is filed for discharge of the previous AOR, Mr. Chand Qureshi. Mr. Jha is permitted to represent the respondent accused. Accordingly, the case files be secured from the previous AOR. The respondent may file his response within three weeks. IA. No.112700 is allowed. List on 15.10.2024. [DEEPAK JOSHI] [KAMLESH RAWAT] ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
ITEM NO.25 COURT NO.16 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).4310/2023 (Arising out of impugned final judgment and order dated 04-01-2023 in CRMBA No.45736/2022 passed by the High Court Of Judicature At Allahabad) UNION OF INDIA Petitioner(s) VERSUS RAM PRAVESH YADAV Respondent(s) ( IA No.68286/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 17-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. S.V. Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Ms. Sairica Raju, Adv. Mr. Sayooj Mohan Das, Adv. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard Mr. S. V. Raju, learned Additional Solicitor General appearing for the petitioner. The counsel would read this Court’s order dated 28.03.2023 in the SLP (Crl.) No.2351 of 2023 ( Union of India vs. Ajay Kumar Singh @ Pappu) as also order dated 20.03.2023 issuing notice in 1
the SLP (Crl.) Diary No.2134/2023 ( Union of India vs. Om Prakash Yadav & Anr.) to contend that since commercial quantity of contraband was seized, the threshold prescribed under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 should have been satisfied, before considering bail. Issue notice. (DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR 2