ISLAMUDDIN ALIAS CHOTTEY Vs. STATE OF DELHI

JUDGEMENT

(1.) This is a petition filed under Section 439 of the Code of Criminal Procedure read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act') for interim bail for a period of two months. The petitioner is the accused in FIR No. 17/98 registered at Police Station, Narcotic Branch, Kamla Nagar, Delhi under Sections 21/61/85 of the NDPS Act. The case against the petitioner is at the trial stage. The petitioner had earlier filed an application for regular bail but it was dismissed by this Court on 20th May, 1999 holding that it was not possible to say that this Court was satisfied that there were reasonable grounds for believing that the petitioner was not guilty of the offences under Section 21 of the NDPS Act or that he was not likely to commit any offence while on bail. While dismissing the petitioner's application for bail this Court had pointed out that the petitioner was involved in as many as 21 other cases under the Excise Act, the NDPS Act, the Arms Act and the Gambling Act. It was also pointed out that the Petitioner was a Bad Character (B.C.) of Police Station Chandni Mahal.

(2.) The present petition for interim bail is filed on the ground that the petitioner's wife Smt. Nafisa is suffering from acute appendicitis and is under the treatment of Dr. R.P. Jindal at Jindal Hospital, Yamuna Vihar. According to the averments in the petition, Smt. Nafisa was admitted in the Jindal Hospital on 1.6.1999 and she has to undergo surgery in connection with the above illness. The presence of the petitioner near the bed of his wife is very necessary at the time of the surgery. The mother of the petitioner is an old and infirm lady of about 75 years and there is nobody in the family to look after Smt. Nafisa during the period of her stay in the hospital. It is also stated that the petitioner is the only male member of the family. The petitioner has prayed that he may be released on bail for a period of two months from the date of his release.

(3.) Notice of this application was given to the learned Public Prosecutor. Ms. Mukta Gupta, learned Public Prosecutor submitted that on verification it was found that the petitioner's wife was under treatment in Jindal Hospital for appendicitis and that no surgery has been conducted so far. According to the learned Public Prosecutor the petitioner's wife is not admitted in the hospital at present. Learned Public Prosecutor further submitted that the petitioner was involved in 21 other cases. In four of them he was convicted and in seven of them he was acquitted and the remaining cases are pending. According to the learned Public Prosecutor the petitioner is a Bad Character (B.C.) of Police Station Chandni Mahal. The application for interim bail was opposed by the learned Public Prosecutor.