ABHIJIT PRABHAKAR KONDUSKAR Vs. DEPARTMENT OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) This application for successive bail is preferred by the applicant, an accused of offence punishable under Sections 22, 23, 24, 25, 27A, 28, 29, 30 and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") for which Sessions Case NO. 5of 2012 is in progress before the Special/Designated Court.

(2.) According to the applicant in earlier application for bail rejected by the designated Court, the High Court and the Apex Court and in view of certain observations made in order dated 25.10.2013 passed by Supreme Court of India in Special Leave Petition (Criminal) NO. 7717 of 2013 whereby directions were issued for expeditious trial and even opportunity was granted to the applicant to move for bail in the event of non -completion of trial within a period of one year. That trial is not over and accordingly, the applicant has invoked jurisdiction of this Court seeking bail on various grounds.

(3.) In short, as alleged consignment was seized on 3rd December, 2011 weighing about 37 kg and containing Methamphetamine and it was confirmed as per the report of the Directorate of Forensic Science (DFS) Gandhinagar, Gujarat and later on during course of investigation the DRI -respondent herein also seized batches of the chemical from the factory premises of the applicant at Sangli, Maharashtra. According to applicant report of DFS, Gandhinagar was not correct and accurate and, therefore, a prayer was made for re -testing the seized material to be made. Upon hearing arguments of both the sides namely the applicant and DRI on the point of re -testing an order was passed on 28.3.2012 whereby the application for re - testing was rejected. Subsequently another application was moved before the trial Court seeking directions from the Court for copy of the test report as relied on by the prosecution be furnished to the applicant relying on the provisions of Section 80 of NDPS Act read with Section 25 of Drugs and Cosmetics Act, which came to be opposed by the DRI and again as per order dated 20.4.2012 the above application was rejected mainly on the ground of pending investigation etc. Both the above order dated 28.3.2012 and 20.4.2012 were challenged before the High Court by filing Special Criminal Application No.1353 of 2012 which came to be dismissed as per order dated 11.5.2012. The above order was challenged before the Apex Court in Criminal Appeal No.1138 of 2012 which came to be disposed of on 20.8.2014 with a direction to the Supreme Court to consider the application for re -testing of seized material afresh. The applicant moved the trial Court seeking certain documents which were not submitted by the prosecution as required under Section 207 of Code of Criminal Procedure, 1973 and it came to be allowed.