JAMESH W LITCHFIELD Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) The petitioner in this bail petition is accused of offences registered under Sections 8,19,21 and 29 of the Narcotics Drugs and Psychotropic Substance Act (for short the 'Act'}, Section 120 of the Indian Penal Code. The allegations against him are that he was found in possession of 10 grams of smack, 18 ampules of liquid which was subsequently identified as morphine and also some glass syringes, and six hypodernic needless. .After detailed consideration of the contentions advanced on behalf of all the accused including the present petitioner a charge for the aforesaid offences has been framed, and the case has been 'posted for prosecution evidence.

(2.) This petition for bail is pressed mostly on the ground that the trial has not made much headway and that there are serious discrepancies in the prosecution case and even the chemical analysis does not clearly indicate as to whether articles allegdly recovered from the possession of the petitioner fall within the definition of Heroin or Morphine within the contemplation of the aforesaid Act and further that the petitioner has been suffering from ill health during the period of his custody in jail. It is, therefore, prayed that the petitioner be ordered to be released on bail during the pendency of the trial.

(3.) Mr. Sethi appearing for the petitioner reiterated all these arguments as set out and noted above. Mr. Satish Aggarwal appearing for the respondent on the other hand submitted that the petitioner is a US national and that the requirement of securing his presence during trial is a very important consideration and as such, he ought not to be considered for bail in the midst of trial.