SUNIL CHATURVEDI Vs. NARESH GOYAL

JUDGEMENT

(1.) This is a. second bail-application by Sunil Chaturvedi, under section 439, Cr. P.C. His first bail-application was rejected by this Court on 12th March, 1991 When the previous bail-application was heard, the Counsel for the petitioner had urged that the provisions of section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, were not complied with by the S.H.O. With regard to that, this Court had observed that objection could be dealt with by the trial Court, and that the trial Court would decide that objection first. However it appears from the order of the Sessions Judge, Kota, that he was of the view that the question can be decided only after evidence is recorded, and prima facie it was found that compliance of section 50 had been made.

(2.) It has to be kept in view that punishment for offences under section 8/21 of the N.D.P.S. Act, ex tends to a period not less than ten years, but, it can extend to twenty years; and further, a fine, not less than Rs. 1,00,000 is imposed. There is also provision in section 37 of the Act that no person accused of offence punishable for a term of imprisonment of five years or more under the Act shall be released on bail, unless where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(3.) So, the limited inquiry of the Court is to be satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offence under section 8/21 of the Act.