2011 (2) TMI 1218

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.... 1. Heard Mr. P. D'Souza, learned Counsel for the applicant and Mr. C. A. Ferreira, Public Prosecutor for the respondent.   2. The applicant was arrested on the allegations of having been found in possession of 70 gms Charas, 0.8 gms LSD, 14 gms LSD liquid and 5 gms Cocaine. On 10.1.2010 F.I.R. No. 10/2010 was filed at Anjuna police station for the offences punishable under Sections 20 (b)....

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....ne of the grounds urged by the applicant in support of the plea is that the learned NDPS Court did not give an opportunity to be heard to the applicant before granting extension of time of 60 days to file charge sheet before passing order dated 1.11.2010.   5. Mr. D' Souza, learned Counsel for the applicant reiterated the submissions made before the Special Judge, before me. The prayer for....

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....applicant on such terms and conditions as he deems fit and proper.   7. Since the facts in the present case are almost identical with the facts in Criminal Application (Bail) No. 263/2010, I propose to dispose of the present application in similar terms.   8. In view of the above, the order dated 1.11.2010 passed by the learned NDPS Court granting extension of time is set aside. Th....

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....r granting extension of time was patently illegal, the learned Special Judge shall pass an order granting bail to the applicant on such terms and conditions as he deems fit and proper. The applicant shall continue to be in custody till the order is passed by the learned Special Judge.   9. Considering that the applicant has been in custody from 9.1.2010, the learned Special Judge shall dec....