JUDGMENT 1. - The instant bail application has been filed by petitioner Smt. Manjula under section 439 Cr.P.C. in a case registered under section 8/18, 8/28 and 8/29 of N.D.P.S. Act on December 1, 2000. 2. Two order passed by the learned Trial Court have been appended with the bail application. The order dated November, 8, 2000, appended with the bail application is the order of interim bail whereby the petitioner was released, under section 439 Cr.P.C. for a period of two months. She was to surrender before the Superintendent, Central Jail, Jaipur, on December 8, 2000. It follows that on December 1, 2000, when the instant bail application under section 439 Cr.P.C. was filed by the petitioner, she was not in custody. 3. Section 439 Cr.P.C. provides that is High Court or Court of Session may direct that any person accused of an offence and is in custody be released on bail. (emphasis supplied) 4. As the petitioner was not in custody on December 1, 2000, she could not file bail application under section 439 Cr.P.C. and I am of the considered opinion that the bail application of the petitioner under section 439 Cr.P.C. is not maintainable. 5. There is yet another aspect of the matter. Learned trial court vide its order dated May 10, 2000, dismissed the bail application of the petitioner Manjula and her husband Jivan Lal by a common order. Jivan Lal submitted S.B. Cr. Misc. Bail Application No. 2751/2000 before this court under section 439 Cr.P.C. It was dismissed by the court vide order dated August 2, 2000, and in the said order, I have observed that the competent officer had jurisdiction to record the statement of co-accused under section 67 of the N.D.RS. Act. Reference of Naresh J. Sukhawani v. Union of India, ( AIR 1996 SC 522 ) was also made by this court in the said order. The petitioner has appended the aforequoted order dated May 10, 2000 of the learned trial court with the bail application. 6. After having heard Shri Bajrang Lal Sharma, Sr. Advocate as well as Shri Bhanwar Bagri, standing counsel for U.O.I. and after having scanned the material on record, I do not find any merit in the bail application.It accordingly stands dismissed.Bail application dismissed. *******