(Dhananjaya Y. Chandrachud, Sanjiv Khanna and Surya Kant, JJ.)
Criminal Appeal No. 647 of 2022 [Arising out of SLP (Crl) No. 1164 of 2022], decided on April 19, 2022
Union of India _____________________________________ Appellant;
v.
Jitendra Giri _____________________________________ Respondent.
With
Criminal Appeal No. 648 of 2022
(Arising out of SLP (Crl) No. 3439 of 2022)
Criminal Appeal No. 647 of 2022 (Arising out of SLP (Crl) No. 1164 of 2022) and Criminal Appeal No. 648 of 2022 (Arising out of SLP (Crl) No. 3439 of 2022)
The Order of the court was delivered by
Order
1. Leave granted.
2. Arising out of the same FIR, Criminal Appeal No 46 of 2022 was allowed by an order dated 7 January 2022 passed by this Court [Narcotics Control Bureau v. Ajeet Kumar Yadav]. The order of the Court is reproduced below for convenience of reference:
“Leave granted.
We have heard the learned counsel for the parties.
The impugned order is unsustainable as does not take into consideration the statutory mandate of Section 37 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (for short, ‘NDPS Act’).
In view of the aforesaid position, the impugned order is set aside and the respondent is directed to surrender within a period of seven days. If the respondent does not surrender within the aforesaid time, the investigation officer would take immediate and necessary steps to detain and arrest the respondent.
We also restore B.A. No. 3081 of 2021 to the file of the High Court with a direction to decide the bail application afresh in accordance with law and without being influenced by the impugned order. We clarify that we have not expressed any opinion on the merits. It will be open to the respondent to move an application for early listing of bail application after the respondent surrenders.
The appeal is partly allowed, setting aside the impugned order on the aforesaid terms with direction of a fresh decision.
All pending applications stand disposed of.”
3. The Single Judge of the High Court of Jharkhand has allowed the applications for bail without even adverting to the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.
4. The Office Report indicates that the respondents have been served.
5. Following the directions which were issued on 7 January 2022 in Criminal Appeal No 46 of 2022, we pass the following order:
(i) The impugned orders of the High Court of Jharkhand dated 26 July 2021 in Bail Application No 6238 of 2021 and 23 June 2021 in Bail Application No 4881 of 2021 are set aside;
(ii) The respondents are directed to surrender within a period of seven days and, if they fail to do so within the stipulated period, the Investigating Officer would take immediate and necessary steps to detain and arrest the respondents;
(iii) Bail Application Nos 6238 of 2021 and 4881 of 2021 are restored to the file of the High Court with a direction to decide the applications afresh without being influenced by the impugned order; and
(iv) This Court has not expressed any opinion on the merits of the bail applications and it will be open to the respondents to move an application for early listing after they surrender.
6. The appeals are allowed in the above terms.
7. Pending applications, if any, stand disposed of.
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