RAHMEEN RAFIQ CHARANIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant, who is facing trail in NDPS Special Case No. 31 of 2022 pending on the file of Special Court (NDPS), Gr. Bombay, seeks enlargement on bail under Sec. 439 Cr.P.C. The said case arises from Crime No.67 of 2021 registered at Narcotic Control Bureau (NCB), Mumbai Zonal Unit, for the offences punishable under Sec. 8 (c ) r/w. 20(c ), 27, 27-A, 28, 29, 30 and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ( the NDPS Act ).

(2.) The brief facts necessary to decide this application are as under:

(3.) The applicant filed bail application before the ld. Special Judge, which was rejected by order dtd. 5/3/2022, observing that the seized contraband was of commercial quantity, and having regard to the seriousness and gravity of the offence, and the bar under Sec. 37, the applicant is not entitled for bail. Being aggrieved by this order, the applicant has filed the present application which is under consideration.