1 revn.appln.544.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Revision Application No. 544 of 2010 Mr. Narayanbhai Mangaldas Patel ....Applicant v/s. Union of India & anr. ....Respondents Mr. Anil Lalla i/b. Lalla & Lalla for the applicant. Mr. Francis Saldhana-spl. PP for DRI, Mumbai. CORAM: B.R. GAVAI, J. 7th June, 2011 P.C. By way of present petition, the petitioner challenges the order dated 16th November, 2010 passed by the learned Special Judge, NDPS Thane thereby rejecting the application filed by the present petitioner for permission to start the factory which was siezed since applicant was found to be manufacturing a contraband substance in the said factory. 2. The learned Judge while rejecting the application has found that the only ground on which the application for bail of the applicant was granted was that the drug in question was found not to fall within the purview of NDPS Act. The learned Judge has further observed that said order is challenged by the 2 revn.appln.544.10.sxw prosecution before this Court and in the event, the finding of the trial Court is upheld then the application can be again considered afresh. However, from the record it can be seen that the bail granted in favour of the applicant was cancelled by this Court vide order dated 18th April, 2011. Shri Lalla, the learned Counsel submits that the said order is carried to the Apex Court and the Hon’ble Apex Court has stayed the order passed by learned Single Judge of this Court. 3. I find that since the learned Judge himself has observed that fresh application could be filed after the finding of the trial Court as to whether the drug in question falls within the purview of NDPS Act is either affirmed or reversed by the High Court. Since the matter is pending before the Apex Court, the petitioner can very well apply again, in the event, the Apex Court reverses the order passed by this Court. 4. In that view of the matter, no case is made out for interference. Rejected. (B.R. GAVAI, J)