STATE Vs. VIJAY KESHARWANI

JUDGEMENT

(1.) This MCrC for cancellation of bail has been registered in pursuance of order-dated 13/7/10 passed in MCrC No.1715/10, rejecting bail application moved on behalf of co-accused Sonu alias Ashish. By that order only, direction was given to issue notice to Vijay Kesharwani to show cause as to why the bail granted to him, by Sessions Judge, Mandla as In-charge Special Judge (under the Narcotic Drugs and Psychotropic Substances Act 1985) [for short `the Act'] vide order-dated 27/6/09 by extending advantage of the proviso appended to sub-section (2) of Section 167 of the Code of Criminal Procedure (hereinafter referred to as `the proviso'), should not be cancelled.

(2.) In reply, the noticee has submitted that the bail does not deserve to be cancelled for the following reasons -

(3.) Facts leading to issuance of the notice may be summarized as under -