In a successive bail application, the court rejected the plea for anticipatory bail. However, it granted liberty to surrender before the Special Judge and apply for bail within 21 days, with an instruction to maintain parity.
Liberty granted to surrender and apply for bail within 21 working days; anticipatory bail rejected.
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.
ABLAPL No. 15101 of 2015
20.05.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
This is a successive bail application. His earlier bail application bearing BLAPL No.30
011 of 2013 has been dismissed on withdrawal. The petitioner is apprehending arrest for the a
lleged commission of offence under Section 20(b)(ii) (C) of the N.D.P.S. Act in Special Case N
o. 110 of 2013 of the court of Sessions Judge-cum-Special Judge, Angul, arising out of Chendip
ada P.S. No. 173 of 2013.
This Court is not inclined to grant anticipatory bail in view of the fact that the offe
nce is punishable under the provisions of the N.D.P.S. Act. Accordingly, the Bail Application
is rejected. However, keeping in view the submission made by the learned counsel for the petit
ioner, he is given liberty to surrender before the learned Sessions Judge-cum-Special Judge, A
ngul in the aforesaid case within 21 working days and apply for bail. On such event, the learn
ed Special Judge shall consider his application and dispose of the same on the same day by mai
ntaining the principle of parity. While considering the bail application, the learned Sessions
Judge-cum-Special Judge shall keep in mind that bar under Section 37 of the Special Act is no
t applicable in this case.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
3 issues framed by the court
Whether anticipatory bail can be granted in an offence punishable under the N.D.P.S. Act.
Whether the bar under Section 37 of the Special Act applies to the bail application to be filed before the Special Judge.
Whether liberty should be granted to surrender and apply for bail within 21 working days.
2 provisions across 2 enactments
Petitioner
State represented by Addl. Government Advocate
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court