1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 22/2023 (Arising out of SLP(Crl.) No. 4763/2022)
MUSTAKIN SEKH ..APPELLANT(S)
VERSUS
THE STATE OF WEST BENGAL ..RESPONDENT(S)
O R D E R
Leave granted.
None has entered appearance for the respondent-State despite service. Heard learned counsel for the appellant and perused the record. The seizure of the drug was of 10 litres of Codeine Mixture. The appellant has been in custody since 10.02.2020 and it is stated that out of 7 witnesses, 3 have been examined.
We had examined the issue inter alia in Criminal Appeal No. 2106/2022 (Rahim Mondal & Anr. vs. The State of West Bengal) decided on 30.11.2022.
In view of the aforesaid facts and circumstances, we grant bail to the appellant in terms and conditions to the satisfaction of the trial Court.
2 The appeal stands disposed of………… ….J. [SANJAY KISHAN KAUL] ………………J. [ ABHAY S. OKA ]
NEW DELHI,
JANUARY 04, 2023.
3 ITEM NO.5 COURT NO.2 SECTION II-B S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 4763/2022
(Arising out of impugned judgment and final order dated 11.03.2022 passed by the High Court At Calcutta in C.R.M. (NDPS) No. 273/2022)
MUSTAKIN SEKH Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL Respondent(s)
(FOR ADMISSION and I.R.)
Date : 04-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJAY KISHAN KAUL
HON’BLE MR. JUSTICE ABHAY S. OKA
For Appellant(s) Mr. Uday Gupta, Adv.
Mr. Harish Dasan, Adv.
Mr. Rajiv Ranjan, Adv.
Mr. M.k. Tripathi, Adv.
Mr. Adbhut Pathak, Adv.
Mr. Mohammad Akbar Khan, Adv.
Ms. Shivani M. Lal, Adv.
Mr. Hiren Dasan, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
In view of the facts and circumstances indicated in the signed order, the appellant is granted bail in terms and conditions to the satisfaction of the trial Court.
The appeal stands disposed of.
[CHARANJEET KAUR] [POONAM VAID]
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[ Signed order is placed on the file ]