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Judgment
This is an application under Section 439 of the Code of Criminal Procedure, 1973 seeking bail of the petitioner Insan Ali in connection with NDPS
Case No.102 of 2019 (arising out of NCB Crime No.09/2019) under Section 8(c)/21(c)/29 of the NDPS Act, 1985.
Heard Mr. HRA Choudhury, learned senior counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Standing Counsel, NCB for the respondent.
Learned senior counsel for the petitioner Mr. Choudhury has submitted that the accused petitioner has been in custody since 18.09.2020. It has been admitted that charge-sheet has already been laid in this case. It is submitted that trial in this case has not yet been commenced. It has further been submitted by the learned senior counsel that the accused petitioner has been suffering from hernia requiring surgical operation. Such a statement as to the ailment of the petitioner has also been made in paragraph 13 of the petition.
On the other hand, Mr. Keyal, learned Standing Counsel, NCB has submitted that the accused was absconding and was avoiding the investigation. He was subsequently arrested and detained in custody. His statement was recorded in custody by the investigating agency and, in his such statement, the accused petitioner has admitted his involvement with the offence alleged.
Whatever it may be, on hearing the respective learned counsel for both the parties and the grounds taken by the petitioner seeking his bail, this Court is of the view that the learned Court below shall consider the prayer for bail of the petitioner if an application is made to that effect before it taking into account the submissions made by the learned senior counsel for the petitioner as well as Mr. Keyal, learned Standing Counsel, NCB as per law and also on consideration of other relevant factors/materials as well as also the fact that the trial has also not yet been commenced. However, at the time of moving an application for bail before the Court below, the petitioner shall also furnish the copy of this order for perusal and consideration of the
learned Court below.
This application stands disposed of accordingly at this motion stage itself.