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2016 (3) TMI 392 - HC - CustomsSeeking anticipatory bail - Under Sections 25A/29 of NDPS Act, 1985 - Attraction of Section 37 ibid - Held that:- the conduct of the petitioner disentitles him to the relief. Summons were sent to the petitioner for appearance on 28.08.2015 and 31.08.2015 but he sent a reply through counsel showing his inability to appear on the ground that he was in Nasik Kumbh Mela. Thereafter, he approached the High Court of Himachal Pradesh seeking protection where he was granted interim protection subject to the condition that he shall join investigation as and when required by the investigating agency besides other conditions. Several summons were sent to him to join investigation on 2, 03/07/10/15.09.2015 but he failed to join the investigation. Simultaneously, while his application before the High Court of Himachal Pradesh was pending, he also approached the Special Judge, NDPS Cases, Saket Courts, New Delhi and after arguments, withdrew the application before the High Court of Himachal Pradesh on 09.09.2015 and the application before the Special Judge, NDPS Cases, Saket Courts, New Delhi on 10.09.2015. The second application was dismissed on 22.01.2016. The petitioner asked an another opportunity to join investigation which cannot be entertained because as stated above, number of opportunities were granted to him to join investigation but he failed to avail the same. As various summons were issued to him and he failed to appear as a result criminal complaint has been filed against him and the Court had issued non-bailable warrants and even process under Section 82 Cr.PC has been executed. Also the petitioner cannot claim parity with co-accused who have been granted bail as, as per the prosecution case, as in their cases, provision of Section 37 of the Act was not attracted. Therefore, keeping in view the seriousness and gravity of the offence and the conduct of the petitioner himself, he is not entitled to the relief.
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