Criminal Procedure Code, 1973
Section 439(2)—Bail—Cancellation—Offence registered under Sections 20(b)(ii)(c)/25/29 the NDPS Act—To grant bail to an accused arrested for alleged commission of offence under the provisions of the NDPS Act, the Court or the Public Prosecutor must be satisfied that there is reasonable ground to believe that accused is not guilty of committing the alleged offence—Special Court has not kept in mind that granting of bail to an accused of committing offences under the penal provisions of the NDPS Act is an exception and bail is not a rule—Mere filing of charge-sheet is not a ground at all or has no persuasive value to grant bail to an accused of allegedly committing offence under the penal provisions of the NDPS Act—Materials available on record do not suggest anything that there are reasonable grounds to believe that the accused is not guilty of committing the alleged offence under Sections 20(b)(ii)(c)/25/29 of the NDPS Act—Order granting bail to respondent-accused by Special Court stands set aside and quashed—Application allowed.
[Paras 9, 11 & 13]