NAVEED SULAIMAN Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) Petitioner being Accused No.2 in Special C.C.No.1398/2019 for trial of offences punishable u/s. 8(c) r/w Sec.21(c), 23(c), 27, 28 & 29 of the NDPS ACT 1985 has presented this petition seeking his enlargement on bail having suffered rejection of similar prayer at the hands of XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS) Bengaluru in Crl.Misc. No.11506/2019 vide order dated 03.01.2020, a copy whereof is part of the Paper Book.

(2.) After service of notice, the learned standing counsel having entered appearance for the respondent stoutly opposes the request for grant of bail having filed his Statement of Objections dated 18.02.2020 contending that: the seized drug is of commercial quantity; the offences under the Act are serious in nature and the punishment prescribed for the same are heavy; regard being had to the drug menace, the petition for bail cannot be casually treated as if it is in respect of usual offences under the IPC ; there are special restrictions enacted in Sec.37 of the Act which govern the petition for bail; lastly, there is sufficient material to prima facie show the involvement of the petitioner in the offences he is charged with.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant bail for the following reasons: