Saidul Ali Kha vs Union Of India

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Ms. T. Som, learned counsel for the accused-petitioner and Mr. S.C. Keyal, learned Standing Counsel appearing for respondent Narcotics

Control Bureau (NCB).

By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Saidul Ali Kha has prayed for his

release on bail as he is in custody in connection with NCB Crime No. 14/2020, registered under Sections 8(c) read with Section 20(b)(ii)C and Section

29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act, for short).

It is the case of the respondent NCB that in connection with the afore-mentioned case, recovery and seizure of 1354.990 Kg of Ganja have been

made and the involvement of the accused-petitioner is made out. The accused-petitioner is in custody since 21.03.2021.

Mr. Keyal has submitted that during the pendency of this application, the respondent NCB has filed the final complaint on 17.04.2021 under the

provision of Clause (d) of sub-section (1) of Section 36A of the NDPS Act finding a prima facie case under Sections 8(c)/20(b)(ii)C/29 of the NDPS

Act.

In view of submission of final complaint in the case on 17.04.2021, learned counsel for the accused-petitioner has submitted that the accused-

petitioner will approach the jurisdictional Special Court seeking the relief of bail by filing an appropriate application.

In view of the said submission made by the learned counsel for the accused-petitioner, this application stands dismissed with the liberty to the

accused-petitioner to approach the learned jurisdictional Special Court for seeking the relief of bail. In the event such an application is filed on behalf

of the accused-petitioner, the learned jurisdictional Special Court shall consider the same on its own merits and in accordance with law.