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1999 Supreme(Raj) 1237

M.A.A.KHAN
Union of India – Appellant
Versus
Ram Moorti – Respondent


Advocates:
For the Applicant:Mr. Bhanzvar Bagri, Advocate.
For the Accused:Mr. Munindra Singh, Advocate.

JUDGMENT

1. :- This is an application under section 439(2) Cr.P.C. for cancellation of bail granted on 16.8.97 to Ram Moorti, non-applicant under section 439 Cr.P.C. by the Special Judge (Dacoity Affected Area), Karauli, in Crime No. 27/97 under section 8/8, 8/20 and 8/25 of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act').

2. On the basis of a secret information in their possession, the officers of the Central Bureau of Narcotics at Kota, searched on 12.7.97, a house at Hindaun City in possession_of Bhagat Singh co-accused and seized opium weighing 83.500 Kg. and Charas weighing 150 Kgs. Bhagat Singh co-accused was arrested on the spot.

3. On being interrogated, Bhagat Singh stated that the premises in question belonged to Ram Moorti, non-applicant and that they both were the partners in the business of storage and sale of drugs and narcotic substances without possessing a licence to carry on such business activities. On the basis of such statement of Bhagat Singh, Ram Moorti non-applicant was also arrested on 16.7.97. After his arrest, the non-petitioner applied for bail under section 439 Cr.P.C. in the Court of Additional Sessions Judge, Hindaun City. But since the
















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