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2001 Supreme(Bom) 386

R.K.BATTA
State of Maharashtra – Appellant
Versus
Ganpatrao Mahadeo Karne – Respondent


JUDGMENT - R.K. BATTA, J.:---This is an application for cancellation of bail granted by the Special Judge, N.D.P.S., Nagpur on 5-1-2000.

2. Learned A.P.P. took me through the record of the Special Criminal Case No. 252 of 99 and urged before me that the trial Court inspite of bar under section 37 of the Narcotic Drugs and Psychotropic Substances Act (for short, the N.D.P.S. Act) has granted bail which is illegal and arbitrary and as such, the bail granted to the respondent is required to be cancelled. It was also pointed out that besides the case under consideration, the applicant is involved in three other serious crimes. It was also pointed out by him that neither before the lower Court nor in reply before this Court, the respondent had taken stand that the house in question does not belong to him and in such circumstances, the findings of the Special Judge on this aspect are totally unfounded and illegal. He, therefore, contends that the bail granted be cancelled.

3. Learned Advocate for applicant referred to various timings recorded in the papers in the charge-sheet and urged that it is not understood as to how the police party had started for the raid in question at 9.00 a.m. an







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