SUPERINTENDENT, NARCOTICS CONTROL BUREAU Vs. MEHUL BAFNA

JUDGEMENT

(1.) The Superintendent of NCB, Chennai filed this petition for cancellation of bail granted by the learned Principal Special Judge NDPS & EC, Chennai in COVID-19 Bail Petition No.68 of 2020 dated 07.05.2020.

(2.) The averments made in the petition is that the investigation is in progress in R.R.No.16 of 2020. The respondent was intercepted with 1.83 grams of LSD and on summon, he admitted his offence and on the basis of the seized LSD and on the basis of the statement, he was arrested on 15.03.2020 under Section 8(C) r/w Section 22(C), 28 and 29 of NDPS Act.

(3.) The respondent filed a bail application and the same was dismissed by the Principal Special Court for E.C & NDPS Act Cases, Chennai on 03.04.2020 and subsequently, another bail petition was also dismissed on 20.04.2020 and for filing the present bail petition, the change of circumstances is that the respondent was admitted in prison hospital for treatment and hence, COVID-19, Bail Petition No.68 of 2020 was filed on 04.05.2020, counter was filed with objection stating that seized LSD is of commercial quantity Section 37 comes to play, without satisfying the consideration, the respondent is not entitled for bail, the learned Judge without considering the objection both on law and facts, granted bail on 07.05.2020 at about 8.05 p.m, against which the petitioner filed the above Crl.O.P No.7488 of 2020 for cancellation of bail and connected miscellaneous petition Crl.M.P No.7807 of 2020 to stay the bail order dated 07.05.2020.