- (1.) V. P Mathur, J. This petition under Section 482, Cr. P. C. was taken up for final disposal with the consent of the learned counsel for the petitioner and Mr. G. K Mehrotra, Special Counsel for Narcotics Department of the Central Government
(2.) AFTER hearing the learned counsel on both sides, the facts that emerg ed were that the applicant Mohammad Ahmad who was wanted in a case under Sections 8/18 of the, Narcotics Drugs and Psychotropic Substances Act was granted bail by Mr. V. P. Kalra, Sessions Judge, district Barabanki on 17- 1-1987. The learned Judge took into consideration the fact that the appli cant claimed to be an old man of 68 years, whe was suffering from cataract in both the eyes for which proper treatment could not be obtained in Jail. It was noted in the order that the State had not disputed the facts about the age and illness of the accused. On this ground, therefore, bail was granted. It may be mentioned here that the application for bail was contested by the Counsel for the State. No attempt was made to serve a copy upon the Counsel for the Narcotics Departmant, of the Central Government, if any, in district Barakanki. Nor did the State Counsel take any action to inform the Narcotics Department to contest the petition. Subsequently, however, it appears that Mr. Harish Chandra Singh, inspector (I. O.) Office of the District Opium Officer, Faizabad through Special Prosecutor of Narcotics, Mr. Jagdish Saran Dwivedi, Advocate moved an application on 13-10-1987 for cancellation of the bail.
(3.) THE first point that was taken was that the applicant was threatening the independent witnesses in the case. THE Second point was that no comments were called for from the Narcotics Department and, therefore No opportunity to put the case before the court in a proper manner was accorded. The third point was that the medical certificate produced by the accused Mohammad Ahmad has Not been issued by the doctor on whose" printed writing pad the certificate has been issued.;