Supreme Court suspends cancellation of Thaha Ummer’s bail in case of export of banned clonazepam tablets to Saudi Arabia

The Supreme Court today stayed the implementation of the Karnataka High Court’s order canceling the bail granted to Thaha Ummer, 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 Bureau of Narcotics Control. .

The holiday bench of Judge Manoj Misra And Justice SVN Bhatti order, “Issue notice, returnable in four weeks. Meanwhile, the contention of the learned counsel for the petitioners that the contraband articles which admittedly were not recovered from the possession of the petitioner but were found in the possession of the courier who was to take the items to a recipient in Saudi Arabia The dispatch revealed that the sender of the items was A2 However, A2 was released on bail taking note of the health condition of the petitioner. granted bail… In the meantime, the bail cancellation order dated June 6, 2024 shall be stayed.”

Senior Advocate R Basant appeared for the petitioner and argued that the bail, which was granted due to medical issues, was canceled and the petitioner was asked to surrender. “It is a question of bail due to illnesses. Section 37 (of the NDPS Act) may not be strictly enforced.”he said.

Justice Misra said: “The package was shipped by your employee…The allegation is that you forged your employee’s signature…is there a handwritten report to confirm this?”

Basant submissive, “The employee’s case is that he signed…He has no proof that it was tampered with. He was an employee, so he signed.”

Justice Mishra added: “Pursuant to the order rejecting bail, it appears that the prosecution has argued that you forged A2’s signatures.”

Basant replied: “Which is incorrect, since A2’s bail order clearly states that he was my employee and therefore signed it. This is his explanation.”

The Karnataka High Court had set aside the bail order and set aside the bail granted by the trial court.

“Since the Court has failed to consider the relevant material on record and the seriousness of the offences, in light of the prohibition contained in Section 37(1)(b)(ii) of the NDPS Act to release the accused on bail, I am of the opinion that it is appropriate to recall the order of cancellation of bail and request the Special Court to examine the documents placed on record afresh, since it is the specific argument presented by the learned counsel for the respondent that the Tribunal took into account other medical records demonstrating the seriousness of the state of health of the respondent.”, the High Court had ordered.

The prosecution said serious allegations were made of committing the offense 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 at Kempegowda International Airport, Bangalore, containing 357 grams of Clonazepam tablet, which is a psychotropic substance in commercial quantity. The package was to be exported to Saudi Arabia in the name of the second accused. During the interrogation of the second accused, it was alleged that a parcel was booked by the applicant by misusing his pharmaceutical license.

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