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2017 Supreme(SC) 1039

KURIAN JOSEPH, R.BANUMATHI
Union of India – Appellant
Versus
Niyazuddin Sk. – Respondent


Advocates Appeared:
For the Appellants :- Ranjit Singh,SG, T.C. Sharma, Mrs. Ranjana Narayan, B. Krishna Prasad, Ritin Rai, Advocates.
For the Respondents:- Ms. Rukhsana Choudhury, Musharraf Hussain, Advocates.

JUDGMENT

Kurian, J.

Leave granted.

2. The appellant is before this Court aggrieved by the order dated 22.09.2014 releasing Respondent Nos.1 and 2 on bail.

3. We are informed that Respondent No.2/Md. Asif Aslam is absconding.

4. The respondents are the accused in a N.D.P.S. case charged under Section 22/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'). The consideration by the High Court in the impugned order reads as follows:

"Having heard the learned advocate for the petitioners and the learned advocate for the State and considering the materials available in the case diary and also considering the fact that the petitioners are in custody for last 203 days and the investigation is complete and the chargesheet has already been submitted and further considering the fact that the consignment in question was validly imported in India and the same has already been seized, we are of the opinion that further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioner no.1, namely, Niyazuddin Sk., and the petitioner no.2, namely Md. Asif Aslam, be released on bail upon furnishing a bond ofL 15,000/- (Rupees fifteen thousand) o


















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