RAJU Vs. STATE

JUDGEMENT

(1.) THE petitioner seeks bail under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'The Code' only) read with Section 37 of the NDPS Act (hereinafter referred to as 'the Act' only) in case FIR 9/2002 registered at P.S. Narcotic Branch under Sections 21, 25 and 61 of the Act. The prosecution case against the petitioner, briefly stated, is that on the basis of a secret information a raiding party was organised on 5.2.2002. At about 10.55 PM near Chanakya Cinema Petrol Pump, the petitioner was apprehended and 1.5 Kg of smack was recovered from him. A case was registered against him and after necessary investigations a challan was filed. A charge has already been framed against the petitioner and he is facing trial before the learned Special Judge, Delhi.

(2.) I have heard learned Counsel for the petitioner and learned Counsel for the State.

(3.) "Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under Section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under clause (b) of sub -section (1) of that section as if the reference to "Magistrate" in that section included also a reference to a "Special Court" constituted under Section 36."