YUNUSKHAN HAIDERKHAN PATHAN Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) PRESENT application under Section 389 of the Code of Criminal Procedure has been preferred by the applicant original accused who has been convicted for the offences under the NDPS Act and sentence to undergo 10 years R.I who was found to be in possession of 39 kgs Charas to suspend the sentence and release him on bail.

(2.) SHRI Agrawal, learned advocate for the applicant has submitted that applicant is in jail since 7.12.2004 and his sentence to undergo 10 years R.I out of which he is already undergone 8 years and 9 months in jail and therefore, he has requested to release the applicant on bail.

(3.) MS . Shah, learned Additional Public Prosecutor for the respondent State has supported the submissions made by Ms. Bhatt, learned advocate for the Narcotics Control Bureau and has requested to dismiss the present application.