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2001 Supreme(Bom) 829

R.K.BATTA
Sureshkumar Moolchand Seth @ Jain – Appellant
Versus
Director of Revenue Intelligence & others – Respondent


JUDGMENT - R.K. BATTA, J.:---The applicant was arrested by D.R.I., respondent No. 1 on 24-5-2001 in connection with offences under sections 21, 23, 25, 26, 27-A read with sections 29 and 8-C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as N.D.P.S. Act) in respect of seizures made on 23 and 24-11-1995. The applicant had filed an application for bail which was rejected by the learned Extra Joint District and Additional Sessions Judge, Amravati vide order dated 9-8-2001. The applicant has, therefore, moved an application for bail in this Court.

2. The bail application was argued on behalf of the applicant by Senior Counsel Shri V.R. Manohar and Advocate Shri S.V. Manohar and on behalf of the respondent Nos. 1 and 3, the bail application was argued by learned Special Public Prosecutor Shri S.G. Loney and learned A.P.P. Shri D.B. Yengal for respondent No. 2.

3. Learned Senior Counsel took me through the background of the case and has basically made the following submissions:---

(I) The confessions of Kantilal Jogani and Kasam Merchant cannot be used against the applicant in view of section 30 of the Evidence Act and in support of this proposition he































































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