UNION OF INDIA Vs. DEVI SARAN

JUDGEMENT

(1.) MAITHLI Sharan, J. The Union of India has filed the instant application under Section 439 (2) of the Code of Criminal Procedure for cancellation of bail granted to the accused-Opposite Party Devi Saran on 10-1-1994 by the I Addl. Sessions Judge, Barabanki for the offence under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act' ).

(2.) SRI I. E. Singh, the learned Counsel for the applicant, has vehemently argued that the bail application of the accused-Opposite Party Devi Saran was allowed by the learned Additional Sessions Judge, Barabanki in utter disregard of the man datory provisions engrafted under Section 37 of the Act, and therefore, the said order, prima facie, deserves to be set aside.

(3.) I am of the view that under Section 437 of the Code of Criminal Procedure the burden is on the prosecution to show the existence of the reasonable ground for believing that the accused is guilty, but the mandatory provisions of Section 37 of the Act provide otherwise, and the burden under these provisions is on the accused to show the existence of reasonable grounds for believing that he is not guilty of the offence, and further that if he is released on bail, he is not likely to abuse it by commit ting any offence.