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2024 Supreme(SC) 543

ABHAY S. OKA, UJJAL BHUYAN
Frank Vitus – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Varun Mishra, AOR
For the Respondent(s):Mr. Arvind Kumar Sharma, AOR Mr. Gurmeet Singh Makker, AOR Mr. Raj Bahadur Yadav, AOR Mr. Anuj Berry,Adv. Ms. Anusha Ramesh,Adv. Ms. Aparajito Sen,Adv. For M/S. Trilegal Advocates On Record Mr. Lzafeer Ahmad B. F., AOR

ORDER :

Abhay S. Oka, J.

1. Leave granted.

FACTUAL ASPECTS

2. The appellant is being prosecuted for the offences punishable under Sections 8, 22, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (short ‘NDPS Act’). The appellant was arrested on 21st May 2014. By the first impugned order dated 31st May 2022, the appellant was ordered to be enlarged on bail subject to various terms and conditions incorporated in the said order. The terms and conditions incorporated were in terms of the directions issued by this Court in paragraph no.15 of its decision in the case of Supreme Court Legal Aid Committee Representing Undertrial Prisoners v. Union of India & Ors., (1994) 6 SCC 731. The appellant was ordered to be enlarged on bail on his furnishing a bail bond in the sum of Rs.1,00,000/- with two sureties in the like amount to the satisfaction of the learned Special Judge under the NDPS.

3. The grievances in this appeal have been summed up in the order dated 21st July 2023 passed by this Court, which reads thus:

    “The petitioner is aggrieved by the following condition imposed while granting bail:

    “.. the learned Special Judge, NDPS seized of the trial in SC No.27/14 shall

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