BHALCHANDRA BALAM GOPAL ACHARYA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) ON 21st May 1991, the petitioner was found in possession of a Gerrnan make revolver which was unauthorised and, therefore, he was charge-sheeted by Bhandup Police Station for offences under sections 3, 25 and 27 of the Indian Arms Act. The petitioner was ordered to be released on bail of Rs. 25,000. 00. However, the petitioner was unable to furnish Surety to that extent. A couple of weeks thereafter, the Bhandup Police Station also charge-sheeted the petitioner for offence under section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, on the ground of having been found in possession of unauthorized arms in a notified area. In view of the additional charge, the case of the petitioner was forwarded to the designated Court under TADA Act. The petitioner has approached this Court by this Petition and Rule was issued on 16th August 1991 with liberty to the petitioner to prefer an application before the designated Court for grant of bail and with direction to the designated Court to dispose of the same within 3 weeks from the date of bail application. Accordingly, the petitioner preferred application for bail, but for reasons alleged by the petitioner, the said application was not disposed of within 3 weeks but after about 9 weeks on 19th November 1991. The designated Court allowed the application for bail and granted him release on bail of Rs. 1,00,000. 00 surety amount.

(2.) TODAY, the Petition has come up for final hearing. Shri Subhash Jha appears for the petitioner and Shri R. F. Lambay, A. P. P. appears for the State.

(3.) IT is apparent that the petitioner, while seeking bail, had not applied under section 18 of TADA Act for transfer of his case to the regular Court on his submission that the provisions of section 5 oftada Act are not applicable to the facts of his case.