ABDUL AZIZ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. with the request to release the petitioner on bail in case crime No.257 of 2001, under Section 8/21 of N.D.P.S.Act, police station Madua?deeh, district Varanasi with alternative prayer to pass appro?priate order.

(2.) The facts of this case are that a case under Section 8/21 N.D.P.S. Act has been registered against the petitioner at case crime No. 257 of 2001, police station Maduadeeh, district Varanasi. According to prosecution the petitioner was found in possession of 2.5 gm. of hereoine. The petitioner moved an application for bail before the Magistrate which was rejected. Thereafter, the petitioner moved Bail Application No.381 of 2002 before the Sessions Judge, Varanasi which have been rejected on 20-02-2002. It appears from that order of the learned Session Judge, Varanasi that it was argued by the petitioner that the offence is bailable and therefore, he is entitled to bail under Section 436 Cr.P.C. The entire argument of the learned counsel for the petitioner was incorporated in the order by the learned Sessions Judge, Varanasi. However, he has not recorded any finding on the same. He has accepted the argument of the D.G.C. (Criminal); that this matter is under consideration before this Court on the point as whether the present offence is bailable or not. Therefore the learned Sessions Judge in view of the pendency of the matter before this Court has not recorded any finding on the point and rejected the application for bail.

(3.) Normally the petition for grant of bail are not accepted under Section 482 Cr.P.C. as the remedy has been provided under Section 439 Cr.P.C. However, in the present petition the only request made during the arguments is that it may be decided that the offence is bailable and the learned Sessions Judge may be directed to dispose of the bail application in accordance with law. During the argument the request for grant of bail has not been pressed.