STATE OF MAHARASHTRA Vs. HABIB JAMAL MANSURI

JUDGEMENT

(1.) ORDER By an Order dated 10th January 1996, the Special Judge under the N.D.P.S. Act was pleased to allow the application of the Respondent under Section 438 of the Criminal Procedure Code, 1973. The Respondent was granted anticipatory bail on terms and conditions as set out in the said Order. It is that Order which has been impugned by this Criminal Application.

(2.) I have gone through the records with the assistance of the Learned Additional Public Prosecutor. It is true that the Respondent has been name in the F.I.R. that has been lodged on 25th June 1995 at 11.35 hrs. based on the complaint by Shri A.S.Dudwadkar, P.C.24881/K. After going through the Panchanama which is on record, it is seen that the only evidence is in respect of one Samad Khan who has been named as the Accused in the F.I.R. The Respondent here in has been named as a suspect.

(3.) FOR the aforesaid reasons, this Criminal Application filed by the State against the Order of Anticipatory Bail granted by the Learned Special Judge (NDPS) Greater Mumbai in NDPS Special Case No.175 of 1995 on 10th January 1996 stands dismissed.