The High Court granted bail to the petitioner, an accused in a narcotics trial, directing release upon furnishing a bond of Rs. 20,000 with two sureties after noting the acquittal of fellow passengers.
Released on bail by furnishing a bond of Rs. 20,000 with two sureties for the same amount.
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BLAPL No.3298 of 2016
02. 22.06.2016 Heard learned counsel for the petitioner and learned counsel for the S
tate.
The petitioner is an accused in C.T Case No.27 of 2012 on the
file of learned Addl. Sessions Judge-cum-Special Judge, Jeypore registered under Sections 20(b
) (ii) (c) of the N.D.P.S. Act.
It is submitted on behalf of the petitioner that the petitione
r was not named in the F.I.R. drawn up by the Police who allegedly detained the vehicle one Je
ep wherein six persons including the driver and helper of the vehicle were travelling and 343.
900 grams of contraband ganja was recovered and seized from the said vehicle. It is further su
bmitted that the present petitioner has been implicated only basing on the statement of the dr
iver of the vehicle who was a co-accused that the present petitioner along with another had lo
aded the said ganja in the vehicle and had forced the driver to carry the same. It is further
submitted and placed before the Court that the six accused persons who were found present in t
he vehicle at the time of detection faced Criminal Trial No.27 of 2012 in the court of Addl. S
essions Judge-cum-Special Judge, Jeypore and have been acquitted by the judgment dated 29.09.2
014 with the observations that the prosecution failed to establish the technical necessities f
or establishing the offence under Section 20(b)(ii)(c) of the N.D.P.S. Act. The present petiti
oner is in custody since 18.05.2016.
Considering the submissions and the materials placed before th
e Court, it is directed that the petitioner be released on bail by furnishing bond of Rs.20,00
0/- (rupees twenty thousand) with two sureties for the like amount to the satisfaction of the
learned Court in Seisin in C.T. Case No.27 of 2012 with the condition that he shall not defaul
t in personal attendance of the court during trial on each date.
J.P. Das, J.
kcb
1 issue framed by the court
Whether the petitioner should be released on bail in a trial case under the N.D.P.S. Act where the other accused persons in the vehicle were acquitted of technical deficiencies.
1 provisions across 1 enactments
the petitioner
the State
J.P. Das
As recorded by the court registry
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