SHARMA, J. — This is a second bail application by Sunil Chaturvedi, u/Sec. 439, Cr.P.C. His first bail application was rejected by this Court on 12th Mar. 91. When the previous bail application was heard, the counsel for the petitioner had urged that the provisions of Sec. 50 of the Narcotic Drugs & Psychotropic Substances Act, 1985, were not complied with by the SHO. With regard to that, this Court had observed that objection could be dealt with by the trial court, and that the trial court would decide that objection first. However, it appears from the order of the Sessions Judge, Kota, that he was of the view that the question can be decided only after evidence is recorded, and prima facie it was found that compliance of Sec. 50 had been made.

(2). It has to be kept in view that punishment for offences u/Sec. 8/21 of the NDPS Act, extends to a period not less than ten years, but, it can extend to twenty years; and further, a fine, not less than Rs. 1,00,000/- is imposed. There is also provision in Sec. 37 of the Act that no person accused of offence punishable for a term of imprisonment of five years or more under the Act shall be released on bail, unless where the Public Prosecut

Click Here to Read the rest of this document