Naresh Mandal Vs Union of India

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Reserved on 21.9.2020 Delivered on 28.9.2020

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14145 of 2020

Applicant :- Naresh Mandal Opposite Party :- Union of India Counsel for Applicant :- Pradeep Kumar Singh Counsel for Opposite Party :- Krishna Agarawal

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Hon'ble Siddharth,J.

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Heard Shri Pradeep Kumar Singh, learned counsel for the applicant and Shri Krishna Agarawal, learned conunsel for the informant.

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This bail application has been preferred by the accused-applicant,Naresh Mandal, who is involved in Case Crime No.Nil of 2018(Special Sessions Trial No. 125 of 2018) , under Section 27-A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police StationD.R.I. , District- Varanasi.

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Learned counsel for the applicant has submitted that applicant was initially implicated for the offence under section 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as the ‘N.D.P.S. Act’). He was granted bail by this court vide order dated 18.2.2019 in Criminal Misc. Bail Application No. 6889 of 2019.Against the aforesaid order the opposite party preferred Special Leave Petition(Criminal) before Hon’ble Apex Court which was dismissed on 24.7.2020.Another case was pending against the applicant at Kolkata and bail was granted therein on 26.9.2019.After applicant was granted bail for the offences under section 8/20 N.D.P.S. Act and his bail

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application was allowed on 18.2.2019, he was implicated for the offences under sections 27-A, 29 N.D.P.S. Act.

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Learned counsel for the applicant has submitted that applicant has already been enlarged on bail by this court for the offences under sections 8/20 N.D.P.S. Act, hence his implication for the offence under section 27-A, 29 N.D.P.S. Act is unwarranted.There is no allegation of financing illicit traffic of contraband nor there is allegation of harbouring the offenders as per section 27A of N.D.P.S.. The allegation of abetement of offence and criminal conspiracy is also not made out against the applicant.

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Learned counsel for the Directorate of Revenue Intelligence, opposite party, has submitted that alleged offences are fully made out against the applicant since he admitted in his statement under section 67 of N.D.P.S. Act that he was getting Rs. 150/- per kg. as commission for the trafficking of Ganja and he did so in the lure of money. From the C.D.R. details collected by the department applicant was found in touch with coaccuseds, Paresh Poddar, Bhagwan Shish, Birendra Yadav and Narsingh Majhi,therefore implication of the applicant for the offences under section 27-A, and 29 of N.D.P.S. Act stands fully proved.All the necessary formalities were complied by the department in apprehending the applicant for the offences under the N.D.P.S. Act.

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After considering the rival submissions this court is of the view that there is prior implication of the applicant also at Kolkata and court is not satisfied that there are

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reasonable grounds for believing that applicant is not guiltily of the alleged offence and also that he is not likely to commit offence after granting of bail in this case.

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The bail application of the applicant is consequently rejected.

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However it has been repeatedly held by the Apex Court that offence under the N.D.P.S. Act should be tried as early as possible since bail is rarely granted in such cases.Therefore, the court below is directed to conclude the trial against the applicant, without granting any unnecessary adjournment to the prosecution within a period of one year from the date of production of certified copy of this order before it.

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Office is directed to communicate this order to the court concerned forthwith.

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Order Date :- 28.9.2020 Atul kr. sri.

Naresh Mandal v. Union of India

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Naresh Mandal v. Union of India

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