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Judgment
Petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
Accordingly, the application being CRAN 2200 of 2020 is disposed of.
It is submitted on behalf of the petitioner that no narcotic substance was recovered from him. The petitioner is in custody since 20.02.2020.
Learned lawyer for the State opposes the prayer for bail and submits that the petitioner fled from the spot and had absconded for three years.
We have considered the materials on record. We note complicity of the petitioner has arisen from statement of co-accused before a police officer.
In view of the aforesaid facts, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and is entitled to bail.
Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the appropriate learned Trial Court subject to condition that he shall appear before the learned Trial Court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application for bail is, thus, disposed of.
All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court.