Home / Supreme Court / Judgments / 2018 / Diary 10292

KAPIL CHOPRA v. THE STATE OF HIMACHAL PRADESH THROUGH S.H.O.

Supreme Court of India | Diary 10292/2018

Status

ROP - of Main Case

Decided On

09-07-2019

Bench

HON'BLE MR. JUSTICE ASHOK BHUSHAN and HON'BLE MR. JUSTICE NAVIN SINHA

Petitioner

KAPIL CHOPRA

Respondent

THE STATE OF HIMACHAL PRADESH THROUGH S.H.O.

Primary Holding

Upon filing of chargesheet in an NDPS Act case, an accused already on interim bail may be confirmed on bail subject to cooperation with trial proceedings, without requiring fresh adjudication on bail merits. This case analysis is maintained by casestatus.in based on publicly available court records.

PDF 1 PDF 2 PDF 3 PDF 4 PDF 5 Check another SC case

Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1007 OF 2019 (Arising out of SLP(Criminal) No.2604 of 2018 KAPIL CHOPRA APPELLANT(S) VERSUS STATE OF HIMACHAL PRADESH RESPONDENT(S) O R D E R Leave granted. Heard learned counsel for the appellant. This appeal has been filed against the order of the High Court dated 06.03.2018 rejecting the bail application of the appellant in FIR No.47/2018 under Section 21 of the NDPS Act, 1985. The allegations made against the appellant was that he was a chemist and in his shop 90 bottles of Triprolidine Hydrochloride and Codeine Phosphate Syrup (Codispan) each bottle was of 100 ml. were recovered. Learned counsel for the State submits that chargesheet has already been filed. While entertaining this appeal, we have already passed an order on 16.04.2018 that appellant shall be released on interim bail in pursuance of which the appellant is on bail. Chargesheet having already filed the trial shall proceed. We, however, observe that 1

appellant shall cooperate with the trial and shall not delay the same. Appeal is, accordingly, disposed of. ...................J. (ASHOK BHUSHAN) ...................J. (NAVIN SINHA) New Delhi July 09, 2019 2

ITEM NO.13 COURT NO.12 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).2604/2018 (Arising out of impugned final judgment and order dated 06-03-2018 in Cr.MP No.145/2018 passed by the High Court Of Himachal Pradesh, Shimla) KAPIL CHOPRA Appellant(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) (WITH INTERIM RELIEF IA No. 41899/2018 - EXEMPTION FROM FILING O.T.) Date : 09-07-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA For Appellant(s) Mr. Vikas Kumar, AOR Mr. Manish Paliwal, Adv. Mr. Ashutosh K. Sharma, Adv. For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Pratishtha Vij, Adv. Mrs. Bihu Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is disposed of in terms of the signed order. Pending application(s), if any, stands disposed of. (ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER (signed order is placed on the file) 3

ITEM NO.44 COURT NO.5 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). 2604/2018 (Arising out of impugned final judgment and order dated 06-03-2018 in CRMPM No. 145/2018 passed by the High Court Of Himachal Pradesh At Shimla) KAPIL CHOPRA Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) (WITH INTERIM RELIEF ) IA 41899/2018-EXEMPTION FROM FILING O.T. Date : 24-08-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Vikas Kumar, AOR Mr. Ashutosh Sharma, Adv. Mr. Manish Paliwal, Adv. For Respondent(s) Mr. Abhinav Mukerji, AAG Ms. Bihu Shamra, Adv. Mr Siddharth Garg, Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by the learned counsel for the respondent, matter stands adjourned for four weeks. (ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) COURT MASTER

ITEM NO.56 COURT NO.5 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). 2604/2018 (Arising out of impugned final judgment and order dated 06-03-2018 in CRMPM No. 145/2018 passed by the High Court Of Himachal Pradesh At Shimla) KAPIL CHOPRA Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) (WITH INTERIM RELIEF )IA 41899/2018-EXEMPTION FROM FILING O.T. Date : 13-07-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Vikas Kumar, AOR Mr. Vikas Kumar, Adv. Mr. Manish Palwal, Adv. For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Bihu Sharma, Adv. Mr. Siddharth Garg, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondent states that investigation is complete and even the charge sheet is ready which may be filed before the Trial Court in near future. Let a copy of the said charge sheet be placed on record within four weeks. List the matter after four weeks. In the meantime, interim order to continue. (ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) COURT MASTER

ITEM NO.50 COURT NO.6 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. 2604/2018 (Arising out of impugned final judgment and order dated 06-03-2018 in CRMPM No. 145/2018 passed by the High Court of Himachal Pradesh at Shimla) KAPIL CHOPRA Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) (With I.A. No. 41899/2018 – EXEMPTION FROM FILING O.T. and with INTERIM RELIEF ) Date : 16-04-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Manish Paliwal, Adv. Mr. Vikas Kumar, Adv. Ms. Aliya B., Adv. Mr. Ashutosh Sharma, Adv. Mr. Vikas Kumar, AOR For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Purnima Krishna, Adv. Ms. Bihu Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R Adjournment slip is circulated by the learned counsel for the respondent seeking three weeks’ time to file counter affidavit. Time, as prayed for, is granted. Rejoinder, if any, may be filed within two weeks thereafter. List the matter after five weeks. In the meantime, the petitioner is released on interim bail in FIR No. 47/2018 under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered with P.S. Solan Sadar, on the terms and conditions that can be imposed by the trial Court. (NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER

ITEM NO.6 COURT NO.6 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). 2604/2018 (Arising out of impugned final judgment and order dated 06-03-2018 in CRMPM No. 145/2018 passed by the High Court Of Himachal Pradesh At Shimla) KAPIL CHOPRA Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.41899/2018-EXEMPTION FROM FILING O.T.) Date : 27-03-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Manish P., Adv. Mr. Vikas Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in two weeks. Standing counsel for the State of Himachal Pradesh be also served. (ASHWANI THAKUR) (MALA KUMARI SHARMA) COURT MASTER (SH) COURT MASTER

Search This Case

Supreme Court Resources

High Court Case Status

Check case status for High Courts across India