Judgment

H.K. Rathod, J.— Heard the learned Advocate Mr. A.Y. Pathan on behalf of the petitioner. Learned A.P.P. Mr. Kodekar appearing on behalf of respondent and learned Advocate Mr. Anant Dave appearing on behalf of Narcotics Control Bureau. Against the present petitioner offence registered under Secs. 8C, 20B and 29 of N.D.P.S. Act, 1985. Charge-sheet filed against the present petitioner on 20-11-2002. After filing the charge-sheet on 20-11-2002 the first application for bail filed by the petitioner on 22-3-2004 in N.D.P.S. Case No. 1 of 2003 by Misc. Criminal Application No. 53 of 2004. The said application rejected by Special Judge, Navsari on 1-4-2004 against which present application is filed by petitioner.

2. Learned Advocate Mr. Pathan raised contention before this Court that nothing recovered from the present petitioner. Only statement of accused No. 1-Mohd. Ramzan Kalyari @ Ramzanbhai involved the present petitioner and on that basis the complaint is filed against the petitioner. He submitted that the statement of accused No. 1-Mohd. Ramzan not admissible in evidence and relying on that statement complaint was filed against the petitioner. He disputed that phone No. 43