SHAMRAJ MOORJANI Vs. SECRETARY GOVT OF INDIA

JUDGEMENT

(1.) This petition is filed by accused Nos.3 and 4 in Sessions Case No. 164 of 1995 on the file of the Metropolitan Sessions Judge, Hyderabad, seeking bail under Section 439 of the Code of Criminal Procedure.

(2.) Before considering the very elaborate arguments advanced by the learned counsel for the petitioners as wel1 as the respondents, it is necessary to refer to certain earlier proceedings.

(3.) The petitioners were arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). On their arrest, they filed a petition for bail before the Metropolitan Sessions Judge, Hyderabad, in Crl.M.P.Nos.2256 and 2257 of 1995. The same were dismissed by the learned Sessions Judge. The petitioners thereafter filed bail application - Crl.P.No.4316 of 1995 before this Court. It came up before Justice P. Ramakrishnam Raju. But the learned Judge dismissed the bail application on the ground that there were no grounds to enlarge the petitioners on bail. Against the said order the petitioners filed petition for special leave to appeal Crl.No.3420-3421 of 1995 before the Supreme Court of India. The Supreme Court dismissed the same by the following order: "The special leave petition is dismissed. However, learned Metropolitan Sessions Judge, Hyderabad, isdirected to conclude the trial in question as early as possible preferably within six months from today. We make it clear that we are not expressing any opinion on the merit of the grievance made in the special leave petition.