S SHEKHAR Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is an application seeking bail for alleged commission of offence punishable under Sections 20/61/85 of the NDPS Act. According to the prosecution case, the petitioner was arrested on 6. 8. 2007 and 7. 920 Kg. of Ganja was recovered from him. Though, the leader of the raiding party read out the written notice to him given under Section 50 NDPS Act and explained that if he was in possession of Ganja and whether he desires that his search would take place before any gazetted officer or Magistrate, on which the petitioner admitted that he was carrying Ganja with him and he made himself available for search and 7. 920 Kg. of Ganja was recovered from his possession.

(2.) LEARNED counsel for the petitioner primarily seeks bail on the ground that the petitioner has been in custody for quite some time and no useful purpose shall be served by detaining him further whereas learned prosecutor while reiterating what is contained in FIR urged in addition that this petitioner was involved in so many cases of such nature and he was a habitual offender for committing such like offences and in case he is released on bail there is every likelihood of his committing yet another crime of this nature. Therefore, while agreeing with the submissions of learned prosecutor and taking into consideration that the petitioner is a habitual offender, I am not inclined to grant bail to him as this court has strong feeling that he shall not desist from his activities but might repeat such offence. Accordingly the application is rejected.