The court allowed bail for petitioners implicated in an N.D.P.S. Act offence for possessing 20 Kgs. of ganja, directing its release by the Special Judge on terms to be decided.
Each petitioner directed to be released on bail by the Trial Court on terms to be deemed just and proper.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.3213 of 2015
05.11.2015 Heard learned counsel for the petitioners and learned Addl. Standing Counsel.
Petitioners are implicated in offence punishable under Sections 20(b)(ii)(C) of the
N.D.P.S. Act on the allegation that 20 Kgs. 150 grams of contraband ganja was seized from the
vehicle of the petitioners.
It is submitted by learned counsel for the petitioners that, if the stems and leafs
of the entire seized lot is taken out of consideration, the weight of the flowering and fruiti
ng tops of the seized lot may be less than the commercial quantity.
Learned counsel for the petitioners submits that investigation in the case has progr
essed substantially and there is no record of past criminal antecedent against the petitioners
Considering the materials on record, submissions advanced by learned counsels for th
e parties, factum of permanent residence of the petitioners and substantial progress in the in
vestigation, it is directed that each of the petitioners shall be released on bail by the lear
ned Sessions Judge-cum-Special Judge, Sambalpur in T.R. Case No.31 of 2015 on such terms and c
onditions as deemed just and proper.
The BLAPL is accordingly disposed of.
C.R. Dash, J.
ified copy of this
order be granted as per rules.
By order.
2
1 issue framed by the court
Whether the petitioners involved in granting of Ganja under NDPS act should be released on bail.
Petitioners
State
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court