SANJIV RAJENDRA BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a successive application by the applicant-original accused No.2, seeking regular bail in connection with the offence, registered as Prohibition C.R. No. 216 of 1996 with Palanpur City Police Station, under Sections 120-B, 119, 116, 167, 182, 193, 195, 199, 200, 211, 353 of the Indian Penal Code, 1860, and Sections 17, 58(2), 59(1) (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brief 'NDPS Act', which culminated into Special NDPS Case No. 3 of 2018, pending before the Court of the learned Special Judge, Banaskantha at Palanpur.

(2.) The facts in capsulized form are as under;

(3.) In wake of the chronology of the events, as mentioned herein above, so also the present status of the trial, which is pending before the Court concerned at Palanpur, a request is made for grant of regular bail by the applicant, essentially, on the ground that in earlier application rejected by this Court, although, this Court had given the detail reasons and had not entertained the same, when the said order was challenged before the Apex Court by way of SLP, the Apex Court expressed no opinion on merits of the case. Therefore, it is the say of the applicant that, since, the Apex Court did not express any opinion on merits, this application is to be considered not only on the ground of fresh or changes circumstances but also on the merits, as well.