FLOYD LOPES PASCOAL LOPES Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant herein is an accused who along with another accused by name Glen Rodrigues is being prosecuted before the N. D. P. S. Court at Mapusa, upon a complaint filed by the complainant (respondent herein) under Section 20 (b) (c) r/w Section 29 of the n. D. P. S. Act, 1985.

(2.) The applicant had approached the learned Special Judge, N. D. P. S. Court with his application for bail and the same was rejected by Order dated 21-6-2006. It appears that the applicant along with the said other accused was arrested on 25-4-2006 and on 28-4-2006 the applicant filed an application before the N. D. P. S. Court, purporting it to be an application under section 91 of the Code of Criminal Procedure, 1973 and the same came to be rejected by Order dated 15-5-2006. In the said application dated 28-4-2006, the applicant pleaded his apprehension that the respondent was fabricating some case against him and with a view to make an effective representation, a direction be issued to the respondent to give the applicant all documents permitted in law in order to enable the applicant to make an application for his release on bail. The said application was objected to on behalf of the complainant stating that the investigation was at preliminary stage and the applicant was not entitlled to any documents and that he would be entitled for all the documents after the complaint was filed before the said Court. As already stated the said application of the accused dated 28-4-2006 came to be rejected by the learned Special judge on the principle laid down by the Apex court in State of Orissa Vs. Debendra Nath padhi (2005 (1) SCC 568) further observing that no request of the accused could be allowed for production of documents at that stage.

(3.) The learned Special Judge has rejected the application for bail filed on behalf of the accused observing that the quantity allegedly recovered from the accused Glen rodrigues is a commercial quantity. At this stage, it may be noted that as per the complainant it is the present applicant who had supplied the said quantity to the said accused glen Rodrigues and the applicant was arrested at a time when the applicant came to collect the money from the said accused Glen Rodrigues. The learned Special Judge further observed that the prosecution had collected sufficient material to show that such drug was supplied by the present applicant. Therefore, the involvement of the applicant was substantially established at this stage and in view of the mandate of Section 37 of the N. D. P. S. Act the applicant was not entitled to be released on bail since the quantity found with the said accused Glen Rodrigues was commercial quantity.