Sabir vs State of Madhya Pradesh - 2023 Supreme(SC) 874

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 874

SUPREME COURT OF INDIA
Pamidighantam Sri Narasimha, J.B. Pardiwala, JJ.
Sabir – Appellant
Versus
The State of Madhya Pradesh & Anr. – Respondents
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10515 of 2019
Decided On : 10-02-2023

Advocates Appeared:
Mr. Sushil Kumar Jain, Sr. Advocate, Ms. Pratibha Jain, Advocate, for the Appellant; Mr. Vikramjeet Banerjee, A.S.G., Mr. Siddharth Sinha, Advocate, Mr. Bharat Sood, Advocate, Mr. Nachiketa Joshi, Advocate, Mr. Arvind Kumar Sharma, Advocate, for the Respondent.

Headnote:Narcotics Drugs and Psychotropic Substances Act 1985 - Bail - Sections 8/18 Summary:
Fact of the Case:
The appellant was convicted under Sections 8/18 of the Narcotics Drugs and Psychotropic Substances Act 1985 and sentenced to ten years of rigorous imprisonment with a fine. The appellant had already served over half of the term as an under trial prisoner and convict.
Finding of the Court:
Considering the appellant's age, time served, and reliance on a precedent regarding the admissibility of statements under Section 67, the court granted bail subject to conditions imposed by the Sessions Court.
Issues:
Applicability of Section 67 statements, duration of imprisonment served, and age of the appellant.
Ratio Decidendi:
The court considered the appellant's age, time served, and reliance on a precedent to grant bail.
Final Decision:
The appellant shall be released on bail subject to conditions imposed by the Sessions Court in connection with Sessions Trial No 50 of 1996.

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 Nadu, (2021) 4 SCC 1.

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.

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