PANAJI: The single judge, Mr Justice N A Britto of the Bombay High Court at Goa on Tuesday disposed of the anticipatory bail plea filed by Sanjay Parab.

The applicant had approached directly to the High Court under Section 438 of the CrPC seeking anticipatory bail because he was charged with offences punishable under the Prevention of Corruption Act and the NDPS Act under the respective statutes. 

The Court noted that Section 438 of Criminal Procedure Code confers wide and extraordinary powers to grant anticipatory bail on the High Court or the Court of Sessions and the jurisdiction is concurrent and when it is so, the choice is of superior Court whether to entertain an application for anticipatory bail or not. However the practice is to approach the inferior Court first.

The Court also observed that the applicant has not been able to give any compelling or exceptional reason why the High Court ought to entertain the present application for anticipatory bail, bypassing the Court of Sessions.

Counsel for the applicant, Mr Arun Bras De Sa relying on the decision of the Patna High Court contended that the Special Judge of NDPS Court has jurisdiction to grant anticipatory bail to the applicant and accordingly liberty is given to the applicant to move the said Court, for anticipatory bail.

It may be recalled that Sanjay Parab is apprehending arrest in connection with the FIR filed by the Deputy Superintendent of Police, crime, on the basis of a You Tube clipping showing alleged drug dealings. 

Earlier, FIR was lodged by the Deputy Superintendent of Police Crime against Ashish Shirodkar and others for offence punishable under sections 120-B, Sec-7, 11, and 12 of the Prevention of Corruption Act, 1988. A week later, the police had also charged the accused with Sections 28, 29, 30 and 59B of the Narcotics Drugs and Psychotrophic Substances Act, 1985.