An appeal by a National of Republic of Guinee convicted under the N.P.D.S.Act possessing heroine. Bail was denied due to commercial quantity and risk of absconding, but liberty to prepare paper-books privately was granted pending final hearing.
Application disposed of granting liberty to prepare paper-books privately; bail refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.3690 OF 2005
IN
CRIMINAL APPEAL NO.493 OF 2005
IN
SPL.N.D.P.S.CASE NO.148 OF 1999
Abubacar Sow ..Applicant
Vs.
Shri.P.V.Nayak & Anr. ..Respondents
...
Mr.Atul Sarpande i/b Ms.Rupali Shinde
Advocate for Applicant
Mr.J.C.Satpute for Respondent no.1
Mr.V.B.Konde-Deshmukh A.P.P. for the State
CORAM: SMT.V.K.TAHILRAMANI,J.
DATE : SEPT. 1,2005
P.C.
1. Heard both sides.
2. The applicant is seeking bail. The applicant
has been convicted under the N.P.D.S.Act. He was
found in possession of 3 kgs.of heroine
(brown-sugar) in a suitcase at the Airport. The
evidence on record clearly brings out the
involvement of the applicant in the crime. The
-2-
application is a National of Republic of Guinee.
In such case, it is apprehended by the Respondents
that if the applicant is released on bail, he may
not be available. The quantity found with the
applicant is commercial quantity. In this view of
the matter, I do not think that this is a fit case
to grant bail.
3. However, looking to the fact that the applicant
has been in custody for almost half of the period
of imprisonment imposed on him, I am inclined to
grant liberty to the applicant to prepare the
paper-books privately at his own costs. Appeal to
be placed on the final hearing board within a week
of the paper-books being furnished.
4. Application is disposed of.
[V.K.TAHILRAMANI,J.]
2 issues framed by the court
Whether bail should be granted in a narcotics case involving a commercial quantity.
Whether the appellant should be allowed liberty to prepare paper-books privately.
Abubacar Sow
Shri.P.V.Nayak
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court