Single bench order rejecting the bail application of Balaram, implicated under the NDPS Act for possessing a huge quantity of Ganja, citing gravity of charge, statutory bar, and flight risk as reasons for disallowing bail.
The prayer for bail is rejected and the bail application is dismissed.
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BLAPL No. 1712 of 2015
08. 04.12.2015 Heard learned counsel for the petitioner and l
earned Additional Standing Counsel for the State.
The petitioner is implicated in the offence punishable under Section 2
0 (b) (ii) (C), of the N.D.P.S Act.
Taking into consideration the huge quantity of Ganja seized, gravity of the ch
arge, quantum of punishment, the bar under Section 37 of the N.D.P.S. Act and the fact that t
he petitioner being a outsider, there is every chance of his fleeing the Court of justice, I a
m not inclined to exercise my discretion under Section 439 Cr.P.C in favour of the petitioner.
Accordingly the prayer for bail is rejected and the bail application is dismis
sed.
If the case is otherwise ready for trial, learned Trial Court may do well to c
onclude the trial as expeditiously as possible.
C.R. Dash, J.
Balaram
2 issues framed by the court
Whether bail should be granted to the petitioner for an offence involving huge quantity of Ganja.
Whether the possibility of fleeing the Court of justice justifies rejecting the bail prayer under Section 439 Cr.P.C.
3 provisions across 2 enactments
Balaram
The State
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court