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Sabir v. The State Of Madhya Pradesh & Anr. (SC)
From the Database of www.lawtodaylive.com
Supreme Court of India
Decided on: 10.02.2023

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 8, 18, 67 – Constitution of India, Article 136 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- NDPS case – Suspension of sentence -- R.I. for ten years with fine – Appellant 62 years of aged has undergone five years and six months of custody – Contention that statements u/s 67 of Act, 1985 could not be relied upon in view of the judgment in Tofan Singh’s case 2021) 4 SCC 1 = (2020) Law Today Live Doc. Id. 15591-- Appeal is likely to take some time for final hearing and the appellant has undergone over half the term of imprisonment, the appellant ordered to be released on bail.

(Para 4-6)

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Sabir v. The State Of Madhya Pradesh & Anr. (SC)
(2023) Law Today Live Doc. Id. 17613
From the Database of www.lawtodaylive.com
Supreme Court of India
Before: Dr Dhananjaya Y Chandrachud, CJI, Pamidighantam Sri Narasimha & J.B. Pardiwala, JJ.
Special Leave to Appeal (Crl.) No(s). 10515 of 2019

Decided on: 10.02.2023
Sabir - Petitioner
Versus
The State Of Madhya Pradesh & Anr. - Respondents

For Petitioner(s):

Mr. Sushil Kumar Jain, Sr. Adv. Ms. Pratibha Jain, AOR

For Respondent(s):

Mr. Vikramjeet Banerjee, A.S.G. Mr. Siddharth Sinha, Adv. Mr. Bharat Sood, Adv. Mr. Nachiketa Joshi, Adv. Mr. Arvind Kumar Sharma, AOR

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 8, 18, 67 – Constitution of India, Article 136 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- NDPS case – Suspension of sentence -- R.I. for ten years with fine – Appellant 62 years of aged has undergone five years and six months of custody – Contention that statements u/s 67 of Act, 1985 could not be relied upon in view of the judgment in Tofan Singh’s case 2021) 4 SCC 1 = (2020) Law Today Live Doc. Id. 15591-- Appeal is likely to take some time for final hearing and the appellant has undergone over half the term of imprisonment, the appellant ordered to be released on bail.

(Para 4-6)

ORDER

1. Leave granted.

2. The appellant has been convicted of an offence punishable under Sections 8/18 of the Narcotics Drugs and Psychotropic Substances Act 1985 and sentenced to suffer rigorous imprisonment of ten years together with a fine of Rupees one lakh.

3. This Court has issued notice on 16 November 2020.

4. The custody certificate indicates that as on 9 November 2022, the appellant has undergone five years and two months of custody as an under trial prisoner and as a convict. Hence, as of date, he has undergone five years and six months. The appellant is sixty two years of age.

5. The appellant has urged, as recorded in the order dated 11 September 2020 and 16 November 2020, that the statements under Section 67 of the Narcotic Drugs and Psychotropic Substances Act 1985 could not be relied upon in view of the judgment in Tofan Singh Vs State of Tamily Nadu1 [1(2021) 4 SCC 1 = (2020) Law Today Live Doc. Id. 15591].

6. Since the appeal is likely to take some time for final hearing and the appellant has undergone over half the term of imprisonment, the appellant shall be released on bail subject to such terms and conditions as may be imposed by the Sessions Court in connection with Sessions Trial No 50 of 1996.

Order accordingly.

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