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2002 DIGILAW 1129 (RAJ)

Gulam Mohammed alias Aman v. Union of India thr. the N. C. B. , Jodhpur

2002-07-01

JAGAT SINGH

body2002
JUDGMENT 1. - This second bail application under Section 439, Cr.RC. has been filed on behalf of Gulam Mohd. @ Aman. His first bail application No. 348/02 was dismissed by me vide order dated 30.1.2002. 2. Learned counsel submits that since then RW.2 K.S. Meena Intelligence Officer NCB, Jodhpur has been examined who has admitted that present accused was apprehended in the Inderin Hotel upon a secret information and who was given notice under Section 67 of the NDPS Act to come before the above officer for examination. It is further submitted that the conduct of the accused petitioner was not indicative any guilty else he should have absconded and may not have cooperated with the Intelligence Officer. It is further submitted that even if the narcotic Kokin weighing 4 Kg. 285 gms. was recovered, present petitioner was not present at the site. He further submits that he is in custody since more than one year and trial will take some more time and he be granted bail. 3. Learned standing counsel has seriously opposed it. 4. Without expressing any opinion on the merits of the case and looking to the quantity of the narcotic as also the embargo of Section 37 of the NDPS Act I do not feel inclined to give benefit of bail to this accused. 5. Consequently, this second bail application is also rejected with the direction that the trial court will expedite the proceedings.Application rejected. *******