MEHUL BAFNA Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioner, who was arrayed as A-1 in C.C. No.105 of 2020, on the file of the Principal Special Court under EC & NDPS Act, Chennai, has filed the present petition seeking bail.

(2.) It is the case of the prosecution that on information that A-2 would come get in touch with A-1 at a designated spot at about 7.30 p.m. On 14.3.20 and hand over a cover to A-1, containing Lysergic Acid Diethylamide (LSD Stamps), the officials of the Narcotics wing, on vigil, intercepted the accused and A-2, while escaped from the scene of occurrence, the petitioner, viz., A-1 was arrested and a search of his person revealed the possession of 1.83 grams of LSD totally in 91 bolts by A-1. A mahazar was prepared on the spot and on appearance of the petitioner/A-1 before the Intelligence Officer on 15.3.20 for recording of statement u/s 67 of the NDPS Act, the petitioner was arrested and produced before the learned Judicial Magistrate, Ambattur and remanded to judicial custody. On completion of investigation, the respondent filed charge sheet before the Special Court in C.C. No.105 of 2020.

(3.) Earlier, the petitioner/A-1 filed bail application twice before the trial court, which was dismissed and the third bail application was allowed by the trial court, on the ground of medical ailment of the petitioner, inspite of filing of objection by the respondent pointing out that the quantity of narcotics seized from the petitioner, being commercial quantity, Section 37 of the NDPS Act bars enlargement on bail. However, the trial court, considering the medical ailment of the petitioner and further taking into consideration the present pandemic situation and the directions given by the Hon'ble Supreme Court in this regard, the petitioner was directed to be enlarged on interim bail and that the accused was directed to surrender before the NDPS Court on the date of reopening of the courts after relaxation of lockdown.