MANGI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel appearing for the Union of India. Perused the order impugned. From the perusal of the order impugned it appears that the Trial Court has rejected the bail application filed by the petitioner under Section 439 Cr. P. C. on the strength of confessional statement made by co-accused Madandas, Mohd. Yusuf, Shambhulal and Usman Khan under Sec. 67 of the NDPS Act during investigation. The co-accused named above were tried by Special Judge, NDPS Cases Court, Bhilwara in Sessions Case No. 31/2001. By judgment and order dated 30. 8. 2003, co accused Madandas, Mohd. Yusuf, Shambhulal and Usman Khan were acquitted on the ground that their confessional statement under Sec. 67 of the NDPS Act was recorded after having them declared to be accused and arrested, and therefore, it was not admissible against them. On the very confessional statement, the petitioner has been denied bail. Co- accused Shankerlal has already been discharged by the Trial Court.

(2.) HAVING regard to the facts and circumstances of the case and the fact that the Trial Court has already held the confessional statement under Sec. 67 of the NDPS Act of the co-accused being inadmissible in evidence, without commenting on the merits of the case which may prejudice the case of either of the parties at the trial, I consider it just and proper to allow the bail application and enlarge the accused petitioner on bail.