- (1.) Through this application under Section 439(2) Cr.P.C. read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as "the Act"), the Union of India has prayed for setting aside/cancellation of bail order dated 7-6-2005 passed by the learned Special Judge, NDPS Cases, Jaipur, by which the learned Judge has extended the benefit of the provisions of Sec. 4319 Cr.P.C. to respondent Krishan Chandra Agrawal against whom a complaint under Sections 8 (c), 22 and 29 of the Act was filed.
(2.) The allegation against respondent Krishna Chandra Agrawal was that in the course of search of his house No. 274.AWHO colony, Ambabadi, Jaipur, four cartons of medicines containing huge quantity of Alprozolam, Diazepam and Zolpidern tablet were recovered.
(3.) Having gone through the order dated 7-6-2005 passed by the learned Special Judge, it appears that the learned Judge extended the benefit of bail to the accused- respondent after recording his satisfaction that there are reasonable ground for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. The reason behind such satisfaction appears to be the non-availability of evidence of ownership of respondemt Krishan Chandra Agrawal over House No. .274 from where drugs were recovered and lack of knowledge of respondent regarding business of Jaya Enterprises, whose Proprietor was his son Yatindra. That apart, further reason which prevailed with the learned Special Judge in recording his satisfaction while granting bail was that respondent was a resident of Bharatpur where he was canrying on his own business and in the course of search of his house at Bharatpur nothing incriminating was found from there.;