This order dismisses a bail application by a petitioner accused of possessing commercial quantities of ganja. The court rejects the argument that a co-accused's earlier bail release negates the statutory bar under Section 37 of the NDPS Act.
The bail application was dismissed with no order passed for the benefit of the petitioner.
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BLAPL No.6209 of 2016
4.
6.12.2016
p The bail application of the petitioner was earlier rejected in BLAPL No.285 of 2016 vi
de order dated 29.3.2016 on the ground that the commercial quantity of ganja seized from the p
ossession of the petitioner and there is bar under Section 37 of the NDPS Act.
Learned counsel for the petitioner submits that one of the co-accused namely Jaskektan
Bagh who stands on similar footing, has already been enlarged on bail in BLAPL No.481 of 2016
vide order dated 14.9.2016. On perusal of the bail order, it appears that the bar under secti
on 37 of the NDPS Act has not been considered, even though the commercial quantity of Ganja wa
s seized from the possession of the accused persons. Therefore, I am not inclined to release t
he petitioner on bail.
Accordingly, the BLAPL stands dismissed.
S.K. Sahoo, J.
3
1 issue framed by the court
Whether bail should be granted notwithstanding that the bar under Section 37 of the NDPS Act has not been explicitly considered in a related bail order for a co-accused.
1 provisions across 1 enactments
Petitioner
Jaskektan Bagh
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court