The Hindu : National : Special court to hear Rahul's bail plea

Online edition of India's National Newspaper
Tuesday, Jun 13, 2006

National

National

Special court to hear Rahul's bail plea

Staff Reporter

NEW DELHI: A special court on Monday accepted a revision petition filed by the Delhi police, seeking a hearing of the bail application by Rahul Mahajan, son of the slain Bharatiya Janata Party leader Pramod Mahajan, by a court designated for cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The police contended that Metropolitan Magistrate A.K.Chaturvedi did not have the powers to hear the bail application, as the accused was also charged under Section 27 (A) of the Act. Special Judge N.K.Gupta said a metropolitan magistrate had no power to grant bail in a case that is triable by a special court.

Referring to Section 36 (A) of the Act, which deals with offences triable by special courts, Mr. Gupta said: "The order of the metropolitan magistrate court, rejecting the contention of the prosecution to place the bail application before a special court, is set aside." The observations of the metropolitan magistrate on Section 27 (A) without deciding the bail application itself could not be termed final and binding.

Documents handed over

Meanwhile, Apollo Hospital authorities here said they had handed over to the police all documents and material including gastric lavage, urine and blood sample reports, clothes and the "unknown powder" brought by Rahul's servants on June 2.

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