1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4034 OF 2007 Hasir Allabaksh Mohd.Sayyed .. Applicant versus State of Maharashtra .. Respondent ... Mr.Vikas Shivarkar for the applicant. Mr.S.S.Pednekar APP for the State. CORAM : D.G.KARNIK, J DATED : 5th March 2008 P.C.: 1. Heard. 2. The applicant is facing trial (Sessions Case no.62 of 2007) for offences punishable u/s.8(c) and 22 of the Narcotics Drug and Psychotropic Substances Act 1985 (for short "NDPS Act"). 2 3. The applicant applied for bail to the Special Court under NDPS Act, pending trial. By an order dated 31st October 2007, the Special Court rejected the application. Aggrieved applicant has therefore moved this court for bail under section 439 of the Code of Criminal Procedure. 4. After consideration of the material available before him, the Special Court has come to the conclusion that there is prima facie material regarding the complicity of the applicant to the crime. Learned counsel for the applicant was unable to show that the said finding was perverse or in any way erroneous. 5. 661 grams of brown sugar was seized from the applicant which is a commercial quantity. Section 37 of the NDPS Act provides that no person accused in an offence involving commercial quantity shall be released on bail unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and he is not likely to commit offence while on bail. I am satisfied that on the basis of material on record, it cannot be held at this stage, even prima facie that the applicant is not guilty of an offence. In the circumstances, 3 applicant is not entitled to bail. The application is accordingly rejected. 5. It is clarified that all observations made in this order are only prima facie and the learned trial judge shall not in any way be influenced by them at the trial. (D.G. KARNIK, J)