ORDER

CRIMINAL APPEAL NO. 540 OF 2003

1. THE RESPONDENT HEREIN WAS CHARGED FOR THE OFFENCES PUNISHABLE UNDER F SECTIONS 8/21/29/60 OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 BEFORE THE COURT OF SPECIAL JUDGE, LUCKNOW. HIS APPLICATION FOR GRANT OF BAIL PENDING TRIAL CAME TO BE REJECTED BY THE SAID SPECIAL JUDGE AS PER HIS ORDER DATED 20-2-2001. THE LEARNED JUDGE CAME TO THE CONCLUSION THAT PRIMA FACIE THE PROSECUTION ALLEGATION AGAINST THE RESPONDENT STANDS ESTABLISHED HENCE THE RESPONDENT IS NOT ENTITLED TO BAIL. HE HAS GIVEN REASONS FOR COMING 9 TO THAT CONCLUSION. IN A CRIMINAL MISCELLANEOUS CASE FILED BEFORE THE HIGH COURT OF JUDICATURE AT ALLAHABAD BY THE RESPONDENT FOR GRANT OF BAIL THE HIGH COURT BY THE FOLLOWING ORDER GRANTED BAIL:

"PERUSED THE RECORD. IT IS A FIT CASE FOR BAIL.

LET THE ACCUSED APPLICANT ABDULLA INVOLVED IN CRL. CASE NO. 219/99 OF 2001 UNDER SECTIONS 8/21/29/60, NDPS ACT, LUCKNOW BE RELEASED ON BAIL ON HIS FURNISHING A PERSONAL BOND WITH TWO SURETIES EACH OF THE LIKE AMOUNT TO THE SATISFACTION OF SPECIAL JUDGE (EC ACT), LUCKNOW."

2. THE LEARNED COUNSEL APPEARING FOR THE APPELLANT CONTENDED THAT IN VIEW OF SECTION 37 OF THE ACT IT IS MANDATOR