Single judge rejected bail prayer under Section 439 Cr.P.C. for petitioner implicated in N.D.P.S. offence due to gravity of charge, seizure quantity, and statutory bar under Section 37, while directing expeditious trial if ready.
Bail application dismissed; petitioner remanded to custody pending trial.
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BLAPL No. 2088 of 2015
09. 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 quantity of Ganja seized, gravity of the charge,
severity of the punishment and the bar under Section 37 of the N.D.P.S. Act, I am not inclin
ed 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.
However, if the case is otherwise ready for trial, learned Trial Court is dire
cted to conclude the trial as expeditiously as possible.
Balaram
1 issue framed by the court
Whether bail should be granted to the petitioner implicated in an offence under Section 20(b)(ii)(C) of the N.D.P.S. Act considering the quantity of drugs and severity of punishment.
3 provisions across 2 enactments
Balaram
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court