Union Of India vs Themboi @ Themboi Singson on 25 March, 2026

    0
    38
    ADVERTISEMENT

    Supreme Court – Daily Orders

    Union Of India vs Themboi @ Themboi Singson on 25 March, 2026

                                                                1
    
    
    
                                              IN THE SUPREME COURT OF INDIA
    
                                           CRIMINAL APPELLATE JURISDICTION
    
                                        CRIMINAL APPEAL NO. 1616 OF 2026
                                  (Arising out of SLP (Crl.) No. 5881 of 2025)
    
    
    
             UNION OF INDIA                                                               APPELLANT(s)
    
                                                                VERSUS
    
             THEMBOI @ THEMBOI SINGSON                                                   RESPONDENT(s)
    
    
    
                                                            O R D E R
    

    Heard learned counsel for the parties.

    2. Leave granted.

    SPONSORED

    3. The present appeal is directed against the order dated

    03.10.2024, passed by the Gauhati High Court in Bail

    Application No. 2752 of 2024, by which the bail has been

    granted to the respondent.

    4. The respondent along with others is accused in DRI Case NO.

    16/CL/NDPS/HEROIN/DRI/GZU/2023-24 registered for the offence

    punishable under Sections 8(c)/21(c) /22(c)/23(c)/ 27A of the

    Narcotic Drugs and Psychotropic Substances Act, 1985

    (hereinafter referred to as the “NDPS Act”)

    5.
    Signature Not Verified The allegation against the accused was that they were part
    Digitally signed by
    SACHIN KUMAR
    SRIVASTAVA
    Date: 2026.03.28
    14:15:50 IST
    Reason:
    2

    of a cartel/gang which dealt in narcotics.

    6. Learned counsel for the appellant submitted that the

    respondent was under incarceration for only one year and bail

    has been granted, which is improper. It was submitted that the

    recovery was of contraband worth more than Rs. 7,50,000,000/-

    (Rupees Seven Crores Fifty Lakhs). It was further contended

    that the call detail reports show multiple and constant talk

    between the respondent and the other co-accused. It was further

    contended that her bank statement discloses that substantial

    amounts have been transmitted by her in favour of the other co-

    accused within a few days.

    7. Learned Counsel for the respondent submitted that she is a

    lady and was under custody for more than one year, having no

    criminal antecedents. It was further contended that she is a

    housewife.

    8. At this juncture, when the Court made a query to the

    learned counsel for the respondent as to how a housewife could

    have such a huge amount to transfer it, and that too in favour

    of the co-accused, no satisfactory reply was forthcoming.

    9. Learned counsel for the respondent further contended that

    such matters are to be decided during trial, but keeping the
    3

    respondent in custody would not serve the purpose of justice.

    10. Having considered the matter in its entirety, we find that

    the order passed by the High Court cannot be sustained. At the

    outset, we indicate that the High Court has clearly misdirected

    itself while considering the prayer for bail of the respondent.

    It has completely lost sight of the fact that offences under

    NDPS Act, are increasing every day and the damage is caused to

    the society at large and not restricted between private

    individuals.

    11. Further and more importantly, in the present case, when the

    call detail records of the respondent indicated that she was in

    regular telephonic contact with the other co-accused and the

    bank statement of her account also revealed that money in

    tranches, were transferred in favour of the other co-accused,

    the High Court ought to have been more conscious and sensitive

    to the fact that on an overall circumspection, a strong case

    had been made out against the respondent and then granting bail

    on her being custody for only one year was not proper.

    12. For the reasons aforesaid, the appeal is allowed. The

    impugned order granting bail to the respondent is set aside.

    The respondent is directed to surrender before the Court below
    4

    within two weeks from today positively.

    13. Pending application(s), if any, shall stand disposed of.

    …………………..J.
    (AHSANUDDIN AMANULLAH)

    …………………..J.
    (R. MAHADEVAN)

    NEW DELHI
    MARCH 25, 2026.

    5

    ITEM NO.1                 COURT NO.13                  SECTION II
    
                     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).    5881/2025
    
    

    [Arising out of impugned final judgment and order dated 03-10-
    2024 in BA No. 2752/2024 passed by the Gauhati High Court]

    UNION OF INDIA Petitioner(s)

    VERSUS

    THEMBOI @ THEMBOI SINGSON Respondent(s)

    Date : 25-03-2026 This petition was called for hearing today.

    CORAM : HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
    HON’BLE MR. JUSTICE R. MAHADEVAN

    For Petitioner(s) :Mr. N.venkataraman, A.S.G.
    Mr. Gurmeet Singh Makker, AOR
    Mr. V C Bharathi, Adv.

    Mr. Sarthak Karol, Adv.

    Mr. Navin Kumar, Adv.

    Mr. Shubhendu Anand, Adv.

    Mr. Raman Yadav, Adv.

    For Respondent(s) :Mr. F. I. Choudhury, AOR
    Mr. David Choudhury, Adv.

    Md. Noor Alam, Adv.

    O R D E R

    Leave granted.

    5
    6

    2. Criminal Appeal stands allowed in terms of the signed order

    placed on the file.

    3. Pending application(s), if any, shall stand disposed of.

    (SACHIN KUMAR SRIVASTAVA) (ANJALI PANWAR)
    COURT MASTER (SH) ASSISTANT REGISTRAR

    6



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here