JULLIEN KANOUI Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) THIS is an application under Section 439 of the Criminal Procedure Code by the petitioner, a French national seeking interim bail for the period of at least six months on the ground that he is a case of HIV Positive and for the special treatment he requires interim bail for the said period.

(2.) THE petitioner has also filed another petition being Bail Application no. 673/2008 for regular bail under Section 439 of the Criminal Procedure Code.

(3.) THE petitioner has contended that he is facing trial before Special court, NDPS in the case titled NCB Vs. Rakesh Kumar and Ors. According to the petitioner on 31st January, 2007, NCB had recovered 870 grams of charas from a wagon-R bearing registration No. DL-9ca-5859 which was under the possession of accused No. 2, Sarvesh Bhatia. The officers of NCB also recovered around 1210 kgs of hashish from a godown at village Holambi Kalan, Delhi which was also under the exclusive possession of Sarvesh Bhatia.