2001 (9) TMI 1129

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....g necessary procedural formalities and getting the samples tested, a charge-sheet was submitted against the accused in the competent court. Application for bail moved by the accused was rejected by the trial court. Dissatisfied with the rejection of his bail application, the respondent-accused moved an application in the High Court which was registered as Miscellaneous Criminal Case No.2052 of 2000. The said application was rejected by the High Court vide order dated 5.6.2000. Without mentioning any change in the circumstances, the respondent- accused moved another application in the High Court in the month of August, 2000 which was adjourned from time to time and ultimately allowed vide the order impugned in this appeal. Learned counsel....

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....ore under this Act shall be released on bail or on his own bond unless-- i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the time being in force, or granting of bail." The purpose for which the Act was enacted and the menace of drug trafficking which intends to curtail is....

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....period before conviction has been thus drastically curtailed by providing that if the Public Prosecutor opposes the bail application, no accused shall be released on bail, unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence." To the same effect are the judgments of this Court in Intelligence Officer, Narcotics Control Bureau Vs. Sambhu Sonkar and Anr. (JT 2001(2) SC 372) and Smt. D. Sarojini Vs. State of A.P. (2001(4) Supreme 179). In the instant case, the learned Single Judge of the High Court has granted the bail on his own sense of observation regarding the course of conduct adopted by the accused at the time of his interception and arrest. Merely because the accused w....