Sanjay Kumar Kedia Vs Narcotics Control Bureau

 

Court: Calcutta High Court

Case No: C.R.R No. 4475 of 2009

Citation: Sanjay Kumar Kedia v. Narcotics Control Bureau, (2009) 17 SCC 631

Date of Judgement: May 13, 2010

Appellant: Sanjay Kumar Kedia

Respondents: Narcotics Control Bureau

Bench: Justice S.P Talukdar and Justice Prabhat Kumar Dey, JJ

Advocates of Appellants: Uday Umesh Lalit, Sr. Adv. and Manoj Prasad, Adv

Advocates of Respondents: Avijit Bhattacharjee and Bikas Kar Gupta, Advs.

Issue: Whether a bail restriction imposed by the Court jeopardises the freedom which was granted to the Appellant by the Apex Court, itself.

Facts:

1. At the outset, the Court’s attention is drawn to the following order issued by the Supreme Court on August 20, 2009: “The appeals are allowed. Detailed reasons will be provided later. In the meanwhile, we order that the appellant be released on bail pending the Special Judge’s decision.”
2. It is claimed that, armed with the Apex Court’s ruling, the petitioner sought the learned Special Court, which granted bail by order dated August 21, 2009. The following is the relevant part of the aforementioned order:

“However, keeping in mind the direction of the Hon’ble Apex Court and keeping all circumstances of the case record, it is ORDERED, that accused Sanjay Kumar Kedia shall be released on bail on furnishing cash security of Rs. 50,000/- (rupees fifty thousand) and shall also furnish bond of local surety of Rs. 50,000/- (rupees fifty thousand) having sufficient

landed properties within the jurisdiction where the accused resides and on condition that the accused shall undertake that

he shall not leave the jurisdiction of this Court without taking prior permission of this Court and shall not threat the witnesses and

tamper the evidence and he shall always make himself available before this Court on the date fixed for this case and shall not interfere the departmental proceeding arose in connection from this case”

Arguments by Appellant:

1. Contended that the current Appellant has been placed in considerable jeopardy as a result of such restrictions on his travel, and that this effectively denies the petitioner the freedom to which he is entitled, according to the Apex Court.
2. The Appellant is required to relocate out of the concerned district for business and other personal reasons, but that if this condition is allowed to continue, he will be placed in serious jeopardy, particularly if the case trial continues to float in an ocean of uncertainty.

Arguments by Respondent:

1. Vehemently opposed the relaxation prayer while referring to the condition of bail in the context of the current case.
2. According to them, the current Appellant has a pretty colourful past, and his tech-savvy know-how has the potential to bring serious harm.
3. The truth is that such an individual can operate from any place.

Obiter Dicta:

1. It is also submitted that the passport of the appellant is being held in the custody of thefor the time being, however no claim control of the aforementioned passport is asked for. But due to this, his international travel continues to be restricted.
2. However, the Court is unable to locate any basis for the said to be continued condition of this restriction, provided he doesn’t leave the jurisdiction of the learned Court.

Judgment:

1. The present application for relaxation of condition of bail is disposed of with the relaxation granted to the petitioner to movie out of the territorial jurisdiction of the learned court.
2. He can move as and when he wishes to throughout the country but only after giving an intimation of his whereabouts to the learned Court along with the Zonal Office of Narcotics ControlBureau, 4/2, Kareya Road, Kolkata- 700017.

Conclusion

The present application, being C.R.R 4475 of 2009 stands disposed off.