SURENDRA BANAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner herein was arrested for offences under Sections 22 (a) (b)/29 of the NDPS Act on 21.08.2019 in connection with the seizure of 384.19 grams of amphetamine tablets. The petitioner on expiry of the statutory period of 60 days made a prayer for grant of default bail and the same was rejected. On the grant of default bail to the co-accused namely one Rebecca Misao on 06.11.2019, the petitioner filed a second bail application for grant of default bail but the same was also rejected by the Special Judge (NDPS) Shillong vide order dated 27.11.2019. Hence, the instant application before this Court.

(2.) Heard Mr. A.S. Siddiqui, learned counsel for the petitioner and Mr. B. Bhattacharjee, learned AAG for the respondent.

(3.) Mr. A.S. Siddiqui, learned counsel submits that the petitioner was arrested on 21.08.2019 and produced before the Court on 22.08.2019, and when the prescribed period for filing the charge sheet expired on 21.10.2019 had moved for grant of default bail but the same was rejected. He submits that the petitioner on coming to learn that the Special Judge, (NDPS) Shillong had granted bail on 6.11.2019 to Smti Rebecca Misao, a co-accused from whom the alleged contraband was allegedly seized, then moved another bail application on 13.11.2019 before the Special Judge for grant of default bail which was also rejected on 27.11.2019 on the ground that the petitioner had been charge sheeted for possession of commercial quantity of contraband.