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2019 (11) TMI 1066 - HC - Indian LawsCancellation of bail - smuggling - Sections 23(c), 27A, 28 and 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 - HELD THAT:- True, the prayer for cancellation of bail granted to the second accused is made not on the ground that he has violated the conditions of bail but on the ground of illegality of the order granting him bail. The allegation against the second accused is that he had booked the flight ticket for the first accused. He had booked the flight ticket for the first accused not at the instance of the first accused but at the instance of one Ashraf @ Sharafudheen. The offence alleged against the second accused is punishable under Section 29 of the Act. Considering the nature of the act allegedly committed by the second accused, there are reasonable grounds for believing that he is not guilty of an offence punishable under Section 29 of the Act. There are also no materials to find that he is likely to commit any offence, while on bail. In fact, during the period he was on bail, he has not committed any offence. In these circumstances, he is entitled to be released on bail on satisfaction by this Court of the two conditions mentioned under Section 37(1) (b) of the Act. Therefore, the bail already granted to him by the learned Sessions Judge, as early as on 07.02.2019, need not be cancelled. The order passed by the learned Additional Sessions Judge granting statutory bail to the first accused, without considering the provisions contained in Section 36A(4) of the Act, was illegal - inspite of the illegality committed by the learned Additional Sessions Judge in granting statutory bail to the first accused, at this distant point of time, I am not inclined to cancel the bail granted to the first accused, especially in the absence of any material produced by the petitioner to show that complaint was filed within a period of 180 days from the date of arrest of the first accused. Petition dismissed.
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