Bail application by petitioners charged with possession of ganja under NDPS Act. Court directed release on bail by Special Judge given low quantity, no prior record, and completion of investigation.
Direction for release of each petitioner on bail by the learned Special Judge, Boudh.
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BLAPL NO. 4523 OF 2015
03. 20.11.2015 Heard learned counsel for the petitioners and lear
ned Addl. Standing Counsel for the State.
The petitioners are implicated in the offence punishable under Sections 20 (b)
(ii) (c) of the N.D.P.S. Act on the allegation that 18 K.Gs. of Ganja was seized from his pos
session.
Learned counsel for the petitioner submits that, there is no record of past cr
iminal antecedent against the petitioners.
Charge Sheet in the case is stated to have been filed, in the meantime.
Considered the materials placed by learned counsel for the parties.
Taking into consideration the facts and submissions, factum of permanent resid
ence of the petitioner, quantity of Ganja seized, which is less than the commercial quantity a
nd completion of the investigation, it is directed that each of the petitioners shall be relea
sed on bail by the learned Special Judge, Boudh in Special Case (N.D.P.S.) No.31 of 2015 on su
ch 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.
Subha
1 issue framed by the court
Whether the petitioners, charged with possession of ganja less than commercial quantity with no prior record, are eligible for bail.
The Petitioners
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court