SHIVARAJ URS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition seeking bail under Section 439 of Cr.P.C. is presented by accused No.2 in Special CC No.1197/2019 pending on the file of Special Judge for NDPS cases (XXXIII Addl. City Civil and Sessions Judge), Bengaluru.

(2.) The point involved in this case is, whether prayer for grant of bail under Section 167(2) of Cr.P.C. can be considered after the learned Trial Judge takes cognizance of offences alleged in the complaint filed under Section 36A of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short).

(3.) Heard Mr.Hashmath Pasha, learned Senior Advocate for the petitioner and Mr. Madhukar Deshpande learned Senior CGSC for the Narcotic Control Board ('NCB' for short).