Application for bail under Section 439 Cr.P.C. in a drug case involving 46 kgs of ganja. Court declined bail citing Section 37 bar of NDPS Act and directed trial court to expedite trial within six months.
Bail application rejected; Trial Court directed to conclude trial within six months.
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BLAPL No. 1237 of 2016
8.4.2016 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner i
n connection with Baunsuni P.S. Case No. 86 of 2015 corresponding to C.T.Case No. 473 of 2015
pending in the Court of learned Special Judge-cum-Sessions Judge, Boudh for offence punishabl
e under Sections 20(b)(ii)(C) of N.D.P.S. Act, 1985.
Learned counsel for the petitioner submits that the petitioner is in custody since 4.12.
2015 and in the meantime, after completion of investigation, charge sheet has been submitted a
nd therefore, taking into account the period of the detention of the petitioner in judicial cu
stody, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on the other hand has produced the case diary and submits
that 46 Kgs. and 650 grams of ganja was seized from the possession of the petitioner which is
commercial quantity and therefore, in view of the bar under Section 37 of NDPS Act, he is not
entitled to be released on bail.
Considering the submissions made by the learned counsels for the respective parties, n
ature of accusation, quantity of ganja seized from the possession of the petitioner as well as
the bar under Section 37 of NDPS Act, I am not inclined to release the petitioner on bail.
Accordingly, the bail application stands rejected.
Considering the period of detention of the petitioner, the learned Trial Court is dire
cted to expedite the trial and if possible, to conclude the trial within a period of six month
s from the date of receipt of the order of this Court.
A copy of the order be sent to the learned Trial Court for compliance.
S.K.Sahoo,J.
2
2
3 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. despite the bar under Section 37 of the NDPS Act due to the seizure of commercial quantity of ganja.
Whether the trial should be expedited given the period of detention of the petitioner.
Whether the bail application stands rejected due to the nature of the offence and quantity of drugs seized.
3 provisions across 2 enactments
Petitioner
State
S.K.Sahoo
As recorded by the court registry
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