2024 INSC 1045
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5544 OF 2024
(@ SPECIAL LEAVE PETITION (Crl.) No.12120 OF 2024)
NARCOTICS CONTROL BUREAU …APPELLANT(S)
VERSUS
KASHIF …RESPONDENT(S)
J U D G M E N T
BELA M. TRIVEDI, J.
1. Leave granted.
2. The instant Appeal arises out of the impugned Order dated 18.05.2023
passed by the High Court of Delhi at New Delhi in Bail Application No.
253 of 2023, granting bail to the respondent. It assumes importance as
the said Bail Application has been allowed by the High Court solely on
the ground of belated compliance of Section 52A of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the
NDPS Act’), misinterpreting the said provision, and without recording the
findings as mandated in Section 37 of the said Act. Since the impugned
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order involving seminal issue on the interpretation of Section 52A of the
said Act is likely to have wide repercussions, we deem it proper to delve
into the same in little greater depth.
3. PREFATORY FACTS:
(i) As per the case of the prosecution, on 24.02.2022 an information
was received by a Junior Intelligence Officer – Shri Sunil Kumar of
the Appellant-Bureau with regard to a parcel bearing AWB No.
7702909491 lying with DHL Express...