The Supreme Court, today, stayed the operation of the order of the Karnataka High Court cancelling the bail granted to Thaha Ummer who is accused of exporting banned Clonazepam Tablets to Saudi Arabia.

Ummer was arrested under Sections 8(c) read with Sections 22(b), 23(c), 27-A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') by the Narcotic Control Bureau.

The Vacation Bench of Justice Manoj Misra and Justice SVN Bhatti ordered, "Issue Notice, returnable in four weeks. In the meantime, the contention of the Learned Counsel for the Petitioners that the contraband articles which were admittedly not recovered from the possession of the petitioner but were found in the possession of the courier who was to take the articles to a consignee in Saudi Arabia. The dispatch disclosed that the consignor of the articles was A2. A2 was under employment of the Petitioner. However, A2 has been enlarged on bail. It was the case of the Petitioner that the trial court after taking notice of the medical conditions of the Petitioner granted him bail...In the meantime, the Bail Cancellation order dated 6th June 2024, shall be stayed."

Senior Advocate R Basant appeared for the Petitioner and submitted that the bail, which was given due to medical ailments, was cancelled and the Petitioner was asked to surrender. "It is a matter of bail because of ailments. Section 37 (of NDPS Act) may not be strictly applied.", he said.

Justice Misra said, "The Parcel was dispatched by your employee...The allegation is that you faked the signature of your employee...is there a handwriting report to confirm it?"

Basant submitted, "The case of the employee was that he signed...He has no case that it was forged. He was an employee, therefore, he signed."

Justice Mishra further said, " As per the order of rejection of bail, it appears that the prosecution case was that you had forged the signatures of A2."

Basant replied, "Which is incorrect, as A2's bail order clearly says that he was my employee and therefore, he signed it. That is his explanation".

The Karnataka High Court had set aside the bail order and cancelled the bail granted by the Trial Court.

"Since the Court has not taken into consideration the relevant materials on record and the seriousness of the offences, in light of the bar contained under Section 37(1)(b)(ii) of NDPS Act to release the accused on bail, I am of the opinion that it is a fit case to recall the order cancelling the bail and request the Special Court to consider the materials on record once again, since it is the specific submission made by the learned counsel for the respondent that the Court has considered other medical records which shows the seriousness of the health condition of the respondent.", the High Court had ordered.

It was the case of the prosecution that serious allegations were made for having committed the offence punishable under Section 8(c) read with Sections 22(b), 23(c), 27-A, 28 and 29 of the NDPS Act. It was alleged that a parcel was found in Kempegowda International Airport, Bengaluru, containing 357 grams of Clonazepam tablet, which is the psychotropic substance of commercial quantity. The parcel was booked to be exported to Saudi Arabia in the name of the Second Accused. On interrogation of the Second Accused, it was alleged that a parcel was booked by Petitioner by misusing his pharmaceutical license.

Cause Title: Thaha Ummer v. Union of India (SLP(Crl) No. 8235/2024)

Justice Manoj MisraJustice SVN Bhatti

Aastha Kaushik