Application for bail under Section 439 CrPC in a case involving possession of ganja. The Special Judge granted bail, noting that the seized quantity was less than commercial and thus Section 37 of the NDPS Act did not apply, while considering the period of detention.
Petitioner released on bail with a bond of Rs. 20,000 and two sureties each for Rs. 20,000.
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BLAPL No.2686 of 2016
20.05.2016 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 Case No. 2
4 of 2015 arising out of Tarva P.S. No. 166 of 2015 pending in the Court of learned Special Ju
dge-cum-Sessions Judge, Sonepur for the offence punishable under section 20(b) (ii) (B) of the
N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge
in charge, Sonepur which was rejected on 03.05.2016.
Learned counsel for the petitioner submits that the petitioner is in custody since 03.
05.2016 and it is the prosecution case that 5 Kgs. 700 grams of Ganja was seized from the poss
ession of the petitioner. He further submits that in the meantime, the investigation has made
substantial progress and since the quantity of Ganja seized from the possession of the petitio
ner is lesser than commercial quantity, the bar under section 37 of the NDPS Act is not applic
able and therefore, taking into account the period of detention of the petitioner in judicial
custody, the bail application of the petitioner may be favourably considered. He placed the se
izure list which is taken on record.
Learned counsel for the State has produced the case diary and does not dispute regardi
ng the quantity of ganja seized.
Considering the submissions of learned counsels for the respective parties, the na
ture of accusations against the petitioner, the quantity of Ganja seized from the possession o
f the petitioner, absence of bar under section 37 of the N.D.P.S. Act for such quantity and ta
king into account the period of detention, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail b
ond of 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 the 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, charged with a non-commercial quantity of ganja, is eligible for bail under Section 439 CrPC given the absence of a bar under Section 37 of the NDPS Act.
Whether to grant bail to the petitioner by furnishing a bail bond with two solvent sureties.
3 provisions across 2 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court