Learned counsel for the accused applicant files rejoinder affidavit, which is taken on record.
Heard the learned counsel for the applicant and learned Special Public Prosecutor for the Central Bureau of Narcotics as well as perused the documents available on the record.
The accused-applicant Nasir Hussain is involved and detained in Case Crime No. 4 of 2009, under Sections 8/9-A/25-A/29 of N.D.P.S. Act, challaned by Central Bureau of Narcotics, District Lucknow and he has applied for bail.
The prosecution case, in brief, is that the co-accused Ram Sagar Shukla was intercepted by the Officers of the Central Bureau of Narcotics on 17.1.2009 at 13.00 P.M., near Mithauli Chungi, Sitapur Road, Jankipuram Extension Railway Crossing, Lucknow. On interrogation, he confessed that he was having 13.590 kgs. Acetic Ana-hydride Chemical which was to be used for preparing heroin. This chemical was filled in three containers.
The submission of the learned counsel for the accused applicant is that co-accused Ram Sagar Shukla had given confessional statement before the Officers that he was going to hand over the chemical to accused Nasir Hussain (present accused applicant) and Mohd. Waish. Co-accused Mohd. Waish has already been ordered to be released on bail by another Bench of this Court, vide order dated 10.5.2010, passed in Criminal Misc. Case No. 1690 of 2010. The case of the present accused applicant is identical to the case of co-accused Mohd. Waish who has already been ordered to be released on bail. Therefore, the present accused applicant also deserves to be released on bail on parity ground.
Learned Special Public Prosecutor for Central Bureau of Narcotics opposed the bail application of the accused applicant and argued that the opposite party in its counter affidavit has specifically stated that the accused applicant had got criminal history of two cases under N.D.P.S. Act. He is habitual offender of committing the offence under N.D.P.S. Act. Therefore, he does not deserve to be released on bail.
Considered the submissions of the learned counsel for the accused applicant and the learned Special Public Prosecutor.
From a perusal of the statement of accused given before the Officers of the Central Bureau of Narcotics, it appears that he has made specific statement that earlier he had been challaned in two criminal cases under the N.D.P.S. Act but he had been acquitted in both the cases. The statement of co-accused Ram Sagar Shukla against the co-accused Mohd. Waish and the present accused applicant is same. Keeping in view the totality of the facts and circumstances of the case as well as the fact that the co-accused Mohd. Waish whose case is similar as against the present accused applicant, has already been ordered to be released on bail, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Nasir Hussain be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
21.06.2010 Sanjay/-