State Of NCT Of Delhi vs Mohd. Jabir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1339

SANJAY KUMAR, SANJIV KHANNA
State Of NCT Of Delhi – Appellant
Versus
Mohd. Jabir – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mrs. Aishwariya Bhati, A.S.G., Mrs. Swarupama Chaturvedi, Sr. Adv. (N/P), Mrs. Ruchi Kohli, Sr. Adv. (N/P), Mr. Mukesh Kumar Maroria, AOR, Mr. Suyash Pandey, Adv., Mr. Prashant Singh-ii, Adv., Mr. Raman Yadav, Adv.
For the Respondent: Ms. Mukta Gupta, Sr. Adv., Mr. U.A. Khan, Adv., Mr. Shakeel Ahmed, AOR, Mr. Tushar Upadhyaya, Adv.

ORDER :

1. Leave granted.

2. The impugned judgment dated 28.03.2023 grants bail to the respondent, Mohd. Jabir, on the ground of violation of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985¹[“NDPS Act”, for short.], as the notice under the provision, though given, had used the words “any Gazetted Officer”. The impugned judgment holds that the words “nearest Gazetted Officer” should have been used and therefore Section 50 was contravened. In the counter affidavit filed by the respondent, Mohd. Jabir, it is stated that, following the judgment of the High Court, bail has been granted in a large number of matters.

3. Section 50 of the NDPS Act reads as under: -

(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Offic

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