BHRAHMAN SHRIRAM KESHARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. D.C. Dave, learned Addl. P.P/waives the service of Rule for and on behalf of the State.

(2.) The petitioner who is the accused for the offence u/s. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") has been alleged to have been in possession and/or selling the opium. It is the prosecution case that on raiding the house of the petitioner and on search in presence of the present petitioner, one plastic bag concealed in earthen pots, containing 925 grams of opium was found. The said quantity of opium was found divided into 26 pieces. On inquiry about the said contraband article, the petitioner could not show any valid licence for possession of the said quantity of opium. The Investigating Officer, therefore, having followed the necessary formalities, arrested the petitioner on 24.4.1996 for the offence u/s. 17 of the NDPS Act.

(3.) The petitioner had earlier filed Misc. Criminal Application No. 399 of 1996 in the Sessions Court, Banaskantha at Palanpur. The learned Additional Sessions Judge, Banaskantha at Palanpur rejected the said bail application on 13.6.1996. The petitioner, thereupon, preferred Misc. Criminal application No. 3624, of 1996 in this High Court. However, the same was withdrawn in this High Court. However, the same was withdrawn on behalf of the petitioner on 30.8.1996. According to the petitioner, the said application came to be withdrawn in the High Court as the charge-sheet was not submitted at that time. The petitioner, thereafter filed Misc. Criminal Application No. 721 of 1996 for grant of bail in the Sessions Court, Banaskantha at Palanpur after filing of the charge-sheet in the matter. The learned Additional Sessions Judge, Banaskantha at Palanpur who heard the said bail application, rejected it by his judgment and order dated 21.9.1996. The petitioner thereupon preferred the present application for grant of bail.