IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.2520 OF 2025 (Arising out of SLP(Crl.)No.8117 of 2021)

THE STATE OF JHARKHAND … APPELLANT Versus BALESHWAR NAG … RESPONDENT

O R D E R

1. Leave granted.

2. The appellant-State of Jharkhand has assailed the order dated 08.03.2021, passed by the High Court of Jharkhand at Ranchi, granting bail to the respondent in FIR No.182, dated 22.06.2020, under Section 20(b)(ii)(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the NDPS Act’), registered at P.S. Mufassil, District Hazaribagh.

3. The allegations were that the accused persons were intercepted in a Tata pickup van loaded with Ganja while they were travelling from Ranchi to Bihar. When the accused saw the police vehicle, they tried to escape but were caught. 164 kg. of Ganja was recovered from the vehicle. The respondent was arrested at the spot on 22.06.2020. The High court released him on bail vide order dated

08.03.2021.

4. Notice in the petition was issued on 29.10.2021 and as per the SignaOturef Noft Veirificede Report dated 07.05.2025, service is complete on the Digitaly signed by Date: 2025.05.09

1 R 9 e : a 0 s 0 o :1 nr2 : ISeT spondent. An affidavit of service has also been filed by counsel for the appellant. However, the respondent has not entered appearance.

5. We would not have ordinarily interferred with the order granting bail after more than three and a half years, however, the State counsel points out that the respondent is absconding from trial and, thus, has misused the concession of bail granted by the High Court.

6. That being so, the instant appeal is allowed and the impugned order dated 08.03.2021, passed by the High Court of Jharkhand at Ranchi, is set aside.

7. The Trial Court is directed to issue non-bailable warrants of arrest against the respondent. The concerned Police Authorities shall make an endeavour to execute the non-bailable warrants of arrest against the respondent and bring him to justice.

(SURYA KANT)

(NONGMEIKAPAM KOTISWAR SINGH)

NEW DELHI;

MAY 08, 2025.

ITEM NO.6 COURT NO.3 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).8117/2021 [Arising out of impugned final judgment and order dated 08-03-2021 in BA No.3104/2021 passed by the High Court of Jharkhand at Ranchi]

THE STATE OF JHARKHAND Petitioner(s)

VERSUS BALESHWAR NAG Respondent(s)

FOR ADMISSION and I.R. SERVICE COMPLETE Date : 08-05-2025 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. Kumar Anurag Singh, Adv.

Mr. Zain A.Khan, Adv.

Mr. Dev Aaryan, Adv.

Mohd. Abram Khan, Adv.

Ms. Preety Ranjan, Adv.

Mr. Jayant Mohan, AOR Mr. Vijay Kumar, Adv.

Ms. Adya Shree Dutta, Adv.

Ms. Meenakshi Chatterjee, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

ADDITIONAL REGISTRAR ASSISTANT REGISTRAR (Signed order is placed on the file)