BADAHUN SHISHA KHARBULI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS instant bail application has been filed under Section - 37 of the NDPS Act, 1985 r/w. Section - 439 Cr.P.C.

(2.) THE petitioner's case in nut shell is that, "the accused person Shri. Shanborlang Jala was arrested on 08.07.2014 in connection with Mawlai PS Case No. 56(7) of 2014 U/s. 20(b)(ii)(B) NDPS Act, 1985 which was initiated with the strength of the FIR dated 08.07.2014. Considering the case of the accused person, four Bail Petitions was moved before the Special Judge (NDPS), Shillong for enlarging the accused person on bail. However, the four bail applications were rejected by the said Court vide its order dated 11.07.2014, 20.07.2014 & 28.08.2014 by holding that the accused person may interfere with the investigation, if release on bail. Hence, the petitioner being aggrieved has preferred this Bail Application U/s. 439 r/w. Section 37 of NDPS Act, 1985 before this Hon'ble Court for enlarging the accused person to go on bail".

(3.) ON the other hand, Mr. P. Yobin, the learned State counsel has fairly submitted that as per the weighing report, the quantity involved is 1007 grams approximately and also produced the CD before this Court and further submitted that, the Court may pass necessary order as deemed fit and proper.