GANESH SHARMA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The applicant has preferred the present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in Rangpo P.S. Case FIR No. 19/2020 dated 09.06.2020 registered under Sections 7(a)(b)/9/14 of the Sikkim Anti Drugs Act, 2006 (SADA, 2006) read with Section 34 of the Indian Penal Code, 1860 (IPC).

(2.) The facts as narrated by the applicant is that he was arrested on 09.06.2020 in connection with the aforesaid FIR. He was forwarded to State Jail at Rongyek on the same day itself by the learned Judicial Magistrate, Gangtok. The investigation is over and charge sheet has been filed. It is registered as S.T. (SADA, 2006) Case No. 22 of 2020 and the next date is fixed on 16.03.2021 for examination of prosecution witnesses.

(3.) It is also stated that the applicant had moved an application for bail before the learned Special Judge, SADA, 2006 which was rejected on 01.09.2020 on the ground that the concerned witnesses had clearly stated in their statements recorded by the police pursuant to the examination under Section 161 Cr.P.C. that the applicant was frequently calling on the mobile phone of accused person-Sandeep Chettri and verifying about the consignment of drugs.