STATE OF MAHARASHTRA Vs. GANPATRAO MAHADEO KARNE

JUDGEMENT

(1.) THIS is an application for cancellation of bail granted by the Special Judge, NDPS, Nagpur on 5-1-2000.

(2.) LEARNED APP took me through the record of the Special Criminal Case No. 252 of 1999 and urged before me that the trial Court in spite of bar under S. 37 of the Narcotic Drugs and Psychotropic Substances Act (for short, the "ndps Act") has granted bail which is illegal and arbitrary and as such, the bail granted to the respondent is required to be cancelled. It was also pointed out that besides the case under consideration, the applicant is involved in three other serious crimes. It was also pointed out by him that neither before the lower Court nor in reply before this Court, the respondent had taken stand that the house in question does not belong to him and in such circumstances, the findings of the Special Judge on this aspect are totally unfounded and illegal. He, therefore, contends that the bail granted be cancelled.

(3.) LEARNED Advocate for applicant referred to various timings recorded in the papers in the charge-sheet and urged that it is not understood as to how the police party had started for the raid in question at 9. 00 a. m. and that there are discrepancies relating to the timings on account of which the entire prosecution case appears to be doubtful. According to him, the applicant has been falsely implicated and there is no case made out for cancellation of bail.