UNION OF INDIA Vs. ZAHEER

JUDGEMENT

(1.) D. K. Trivedi, J. Heard the learned counsel for the Union of India and Shri A. R. Siddiqui counsel for the opposite party.

(2.) THE present application has been moved by the Union of India for cancella tion of the bail granted on 21. 5 1996 by the VI Additional Sessions Judge, Barabanki. THE contention of the learned counsel for the petitioner is that in the instant case a complaint was filed and thereafter notices were issued to the opposite party by the Court and it is also alleged that the op posite party was not available and was absconding. THE Court finally issued non-bailable warrants as well as initialed proceedings under Sections 82/83, Cr. P. C. against the opposite parties but the proceedings under Section, 82/83, Cr. P. C. have been quashed by this Court. THE Court also issued bailable warrants against the opposite party for appearance in court. THE opposite party also moved some petition under Section 482, Cr. P. C. but the same was also dismissed with a direction to the Court concerned that in case the opposite party appears before the Court concerned then they shall be dealt with in accordance with law. THE petitioner appeared before the Court on 21. 5 1996 and moved an application with a prayer that the appearance of the ap plicant be noted and the applicant be per mitted to furnish his bail- bonds. This ap plication was moved on the ground that the Sessions Judge has issued bailable war rants against the opposite party. THE learned Sessions Judge on the same day granted bail to the opposite party. From a perusal of the order itself it is evident that the learned D. G. C. (Civil) states that the opposite party be directed to furnish a copy of the bail application and thereafter he may be given some time and the bail application thereafter be listed for hear ing. Inspite of this the bail of the opposite party was granted by the VI Additional Sessions Judge, Barabanki on the same day i. e. 21-5-1996. Sub-section (b) of Section 37 of the Narcotic Drugs and Psychotropic Substance Act, 1985 runs as under: " (h) no person accused of an offence punishable for a term of imprisonment of five years or more under this Act shall be released on bail or on his own bond unless: (i) the Public Prosecutor has been given an opportunity to oppose the application for such release and (ii) where (he Public Prosecutor oppose the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. "

(3.) IN these circumstances the bail granted to the opposite party by order dated 21-5-1996 is hereby cancelled. Lei non-bailable warrants be issued by the Chief Judicial Magistrate, concerned for the arrest of the opposite party, if he fails to surrender in Court within 15 days from today. However, it is made clear that the accused shall be free to move an applica tion again before the competent Court and the said composite Court will then decide the said application on merit after giving an opportunity to the D. G. C. (Criminal) in accordance with law and the said Court will not be prejudiced by the order passed by this Court. Application allowed. .