The Special Court granted bail to the petitioner in a Special NDPS case under Section 20(a)(i), rejecting the bail application's core argument regarding Section 37 applicability and ordering release on a bond.
The petitioner was released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties for like amount.
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BLAPL No.2431 of 2016
03.08.2016 Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with Special (NDPS) Cas
e No. 12 of 2015 arising out of Chhendipada P.S. Case No.9 of 2015 pending in the Court of lea
rned Judge, Special Court, Angul for alleged commission of offence punishable under section 20
(a)(i) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Judge, Specia
l Court, Angul which was rejected on 19.04.2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 07.
04.2016 and in the meantime, after completion of investigation, charge sheet has been submitte
d. He further submits that the petitioner is a poor labourer and falsely entangled in the case
and he was not arrested from the spot. He further submits that there is absolutely no clinchi
ng material against the petitioner and the bar under section 37 of the NDPS Act is not applica
ble for such offence and therefore, taking into account the period of detention of the petitio
ner in judicial custody, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and placed the statements of
Gramarakhi namely Rabi Naik and home guard.
Considering the submissions of learned counsels for
the respective parties, the nature of accusation against the petitioner, absence of bar un
der section 37 of the N.D.P.S. Act and taking into account the period of detention of the peti
tioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond o
f Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to
the satisfaction of the Court in seisin over the matter with further terms and conditions as t
he learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.Urgent certified copy of this order be granted on proper application.3
2 issues framed by the court
Whether the petitioner should be released on bail in the prohibited offence under the NDPS Act.
Whether Section 37 of the NDPS Act creates a bar to bail for the offence of manufacture/trafficking.
3 provisions across 3 enactments
Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court