ISLAM Vs. NARCOTIC CONTROL BUREAU THRO STANDING COUNSEL

JUDGEMENT

(1.) This bail application has been filed under Section 439 Cr.P.C. against the order dated 14.5..2013 whereby the Special Judge, N.D.P.S. Cases, Jaipur rejected the bail application of the accused petitioner for the offence under Section 9-A/25-A of the N.D.P.S. Act.

(2.) Brief facts of the case are that on 16.3.2013, weighing 11.400 kg. Controlled Substance (Acetic Anhydride) was alleged to have been recovered from the house of the petitioner by the Intelligence Officer Satish Kumar of N.D.P.S. Department and after due investigation on 13.5.2013 criminal complaint was submitted in the Special Court of N.D.P.S. cases, Jaipur. Aggrieved from the detention a bail application was filed by the accused petitioner before the Special Judge, N.D.P.S. Cases, Jaipur but the same was rejected by the order dated 14.5.2013. Against the said order this bail application has been filed.

(3.) Mr. Abdul Kalam Khan, learned counsel for the accused petitioner has contended that the accused petitioner is absolutely innocent and in fact nothing was recovered from his possession and only in order to improve their career the Intelligence Officer has,implicated the accused petitioner in the instant matter by showing fake recovery from him. The learned counsel has contended that the statements of four witnesses have been recorded and prima facie no case is made out against the accused petitioner. The accused petitioner is in judicial custody since 13.5.2013, hence it was prayed that the accused petitioner may be released on bail.