ARVIND SHIVLAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application for bail under Sec. 439 of the Code of Criminal Procedure, 1973 ('Code' for short). The petitioner is detained in judicial custody on the charge of the offences punishable under Secs. 22, 23, 24 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('N.D.P.S. Act' for short) and under Secs. 120-B and 120-A of the Indian Penal Code. Heard the learned Advocates.

(2.) Learned Counsel Mr. Mehta appearing for the petitioner has raised a contention that in view of the judgment in the case of State of Punjab v. Balbirsingh ( AIR 1994 SC 1872), the information received by the officer concerned is not taken down in writing which vitiates the trial. He contended that in the instant case, the gist of the same is only taken down in writing by the officer concerned and not verbatim. He, therefore, contended that the case of the petitioner is fully covered under the judgment of Balbirsingh (supra), which is again confirmed by the Supreme Court in the case of Ali Mustafa v. State of Kerala (AIR 1995 SC 244), and there is no prima facie case and the petitioner should be ordered to be released on bail.

(3.) Bail application of the petitioner when filed before the learned Additional City Sessions Judge, being No. 810 of 1994 came to be allowed by the order dated 16-1-1995. The department, i.e., respondent No. 2, moved this Court by Misc. Criminal Application No. 671 of 1995 for cancellation of the said order and the bail granted thereunder. This Court (Coram : J. N. Bhatt, J.) by its judgment and order dated 8-3-1995 cancelled the bail. This order is further confirmed by the Supreme Court as S.L.P. came to be dismissed. The petitioner has moved this Court again for grant of bail by this application. for bring released on bail.