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2004 Supreme(SC) 1692

N.SANTOSH HEGDE, S.B.SINHA
Narcotics Control Bureau – Appellant
Versus
Shebar Khan – Respondent


JUDGMENT :

The respondent herein was charged for the offences punishable under 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 20th February, 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 for bail. He has given reasons for coming 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 accused-applicant Abdulla involved in Crl. Case No. 219/1999 of 2001 under Sections 8/21/29/60 Narcotic Drugs And Psychotropic Substances 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 (E.C. Act) Lucknow."

2. The learned counsel appearing for the appellant contended that in view of Section 37 of the Act it i

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