(1 ) ALD(Crl.) 739 (SC ), 2021 (1 ) ALT (Crl.) 361 (A.P.), 2021 CriLJ978 , 2020 (4 )Crimes415 (SC ), 2020 (374 )ELT845 (S.C. ), 2020 /INSC/652 , 2020 (6 )JKJ70 [SC ], 2020 (6 ) KHC 468 , 2021 (1 )RLW321 (SC ), [2020 ]9 SCR942 , 2020 (3 )UC1902 , ,MANU/SC/0878/2020
Ashok Bhushan#R. Subhash Reddy#M.R. Shah#33SC4520Judgment/OrderAIC#AIR#ALD(Cri)#ALT (Criminal)#CriLJ#Crimes#ELT#INSC#JKJ#KHC#MANU#RLW#SCR#UCAshok Bhushan,SUPREME COURT OF INDIA2020-11-2317459,27486,27456,27464,27465,16593,27476,27515,27439,27455,27457,27481,27442,27507,27508,27509,27510,17457,16125,16132,15946,15947,15948,16150,16149,49839 -->
MANU/SC/0878/2020
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 801 of 2020 (Arising out of SLP (Crl.) No. 1452/2019), Criminal Appeal No. 802 of 2020 (Arising out of SLP (Crl.) No. 1820/2019) and Criminal Appeal No. 803 of 2020 (Arising out of SLP (Crl.) No. 1443/2019)
Decided On: 20.11.2020
Appellants: Venkatesan Balasubramaniyan and Ors. Vs. Respondent: The Intelligence Officer, D.R.I. Bangalore
Hon'ble Judges/Coram:
Ashok Bhushan, R. Subhash Reddy and M.R. Shah JUDGMENT
Ashok Bhushan, J.
1. Leave granted. These three appeals have been filed against the common judgment dated 30.11.2018 of the High Court of Judicature at Hyderabad in Criminal Petition No. 10524 of 2018 filed by the Respondent before the High Court. By the impugned judgment dated 30.11.2018, the petition filed by Respondent Under Section 439(2) Code of Criminal Procedure has been allowed cancelling the bail granted to the Appellants by order dated 12.07.2018 by Metropolitan Sessions Judge, Hyderabad.
2. The facts and issues in these appeals being similar, it shall be sufficient to refer to the pleadings in Criminal Appeal arising out SLP (Crl.) No. 1452 of 2019-Venaktesan Balasubramaniyan v. The Intelligence Officer for deciding all these appeals, brief facts of which are as under:
2.1 On 11.01.2018, car bearing No. KA 39 M 2117 was intercepted by Directorate of Revenue Intelligence (hereinafter referred to as "D.R.I."), Hyderabad at toll plaza, Kamkole Village, Munnipalli Mandal, Sangareddy District, Telangana in which Appellants (driver and two men) were travelling. The Appellants along with other two persons introduced themselves on being asked as to whether they have secreted anything illegal in the car, the Appellant's replied in negative. The Officers searched the car and found false casing behind the rear seats on the side walls of the boot of the car with metal doors. The Appellants' opened the door and few transparent packets with off-white coloured packets were found in the casing attached to the walls of the boot. The Appellants' told that packets were of Narcotic drug, which were loaded in the car by a person named Suraj at Omerga, Osmanabad District Maharashtra, which were to be delivered at Chennai. The Officers in presence of Panchas and the Appellants opened the packet and tested the materials in the packet. The Appellants were taken to the office of D.R.I., Hyderabad. The total quantity of packets (Methaqualone) weighed to be 45.874 Kgs.
2.2 On 12.01.2018, the Appellants were arrested in exercise of power conferred Under Section 42 of NDPS Act, 1985 (hereinafter referred to a........