The Special Court in Angul granted bail to the petitioner charged with narcotics offences, noting that reduced weight calculation on flowering tops might fall below commercial quantity, citing no prior record and substantial investigation progress.
Release on bail by the Special Court, Angul, on such terms and conditions as deemed just and proper.
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BLAPL No. 4388 of 2015
03. 06.11.2015 Heard learned counsel for the petitioner and l
earned Additional Standing Counsel for the State.
The petitioner is implicated in the offence punishable under Sections
20(b)(ii)(C) of the N.D.P.S. Act on the allegation that 20 Kgs. 250 grams of contraband ganja
was seized from the vehicle of the petitioner.
It is submitted by learned counsel for the petitioner that, if the stems and l
eafs of the entire seized lot is taken out of consideration, the weight of the flowering and f
ruiting tops of the seized lot may be less than the commercial quantity.
Learned counsel for the petitioner submits that investigation in the case has
progressed substantially and there is no record of past criminal antecedent against the petiti
oner.
Considering the materials on record, submissions advanced by the learned couns
els for the parties, factum of permanent residence of the petitioner and substantial progress
in the investigation, it is directed that the petitioner shall be released on bail by the lear
ned Judge, Special Court, Angul in Special Case No. 99 of 2014 on such terms and conditions as
deemed just and proper.
The bail application is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
Balaram
1 issue framed by the court
Whether the petitioner is entitled to bail given the high seizure weight but potential reduction if only flowering tops are considered, lack of antecedents, and substantial investigation progress.
1 provisions across 1 enactments
Petitioner
State
Balaram
As recorded by the court registry
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