VIJAY KESHARWANI Vs. STATE

JUDGEMENT

(1.) THIS M.Cr.C. for cancellation of bail has been registered in pursuance of order dated 13.7.2010 passed in Mr.C.C. No. 171/10, rejecting bail application moved on behalf of co-accused Sonu alias Ashish. By that order only, direction was given to issue notice to Vijay Kesharwani to show cause as to why the bail granted to him, by Sessions Judge, Mandla as In-Charge Special Judge (under the Narcotic Drugs and Psychotropic Substances Act, 1985) (for the short the Act') vide order dated 27.6.09 by extending advantage of the Proviso appended to sub-section (2) of section 167 of the Code of Criminal Procedure (hereinafter referred to as 'the Proviso), should not be cancelled.

(2.) IN reply, the noticed has submitted that the bail does not deserve to be cancelled for the following reasons : (i) Benefit of the Proviso was rightly extended to him, (ii) There is no allegation as to misuse of the privilege.

(3.) OBSERVING that the order granting bail did not contain any discussion on the point as to whether the case related to persons accused of an offence involving commercial quantity within the meaning of sub-section (4) of section 36-A of the Act, this Court initiated this proceeding for cancellation of bail. The sub-section reads :