Criminal Procedure Code, 1973
Section 439—Bail—Sale and supply of heroin—FIR registered under Section 21/25/29 of the NDPS Act—Investigation has been completed and charge-sheet has been filed—Petitioner has been arrested only on the basis of disclosure statement of co-accused persons and bail application of co-accused has already been allowed on the ground that there was a recovery of intermediate quantity—Trial would take a long time to conclude and no fruitful purpose would be served by keeping petitioner detained in prison—Considering period of incarceration and fact that recovery was of intermediate quantity, the petitioner is entitled to parity with co-accused—Bail application stands allowed.
[Para 6 & 7]