INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE BANGALORE Vs. MOHAMMED ABDUL RAB ALIAS BABLOO

JUDGEMENT

(1.) THE petitioner has questioned the order dated 5-2-1997, passed by the district and sessions judge, belgaum, in special case No. 10 of 1997 directing to release the petitioners on bail.

(2.) HEARD the learned advocates appearing for the petitioner and the learned advocates for the respondents.

(3.) THE brief facts of the case are that one taj mohammed and others were accused before the lower court on the allegation that they were engaged in manufacture of mandrex tablets at new pathan building, pune-Bangalore road, n. h. No. 4, kakati village, belgaum. The said premises was searched on 7/8-11-1996 and the petitioners seized psychotropic substances as per the mahazar of that date. In the complaint, the respondents are shown as accused 2 to 8. After completing the investigation, the petitioner filed a charge sheet against the 10 accused persons treating accused 9 and accused 10 as absconding. Accused 1 to accused 8 were produced before court. Subsequently, accused, 1 to accused 8 filed application under Section 439, cr. P. c. to release them on bail. The learned sessions judge after giving notice to the public prosecutor and on objections being filed, heard both sides and allowed the petition insofar as the respondents 2 to 8 are concerned. However, the petition of the 1st accused came to be rejected. The said order is questioned by the intelligence officer, directorate of revenue intelligence, petitioner herein, insofar as it relates to the grant of bail in favour of the respondents under sections 439 (2) and 482 of the cr. P. c. the operative portion of the prayer reads as follows: