06.06.2017 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 C.T. No. 126 of 20
17 arising out of Kantamala P.S. No. 23 of 2017 pending in the Court of learned Special Judge,
Boudh 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
, Boudh which was rejected on 06.04.2017.
Learned counsel for the petitioner submits that the petitioner is in custody since 10.
03.2016 and it is the prosecution case that 14 Kgs. 950 grams of Ganja was seized from the pos
session 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 petiti
oner is lesser than commercial quantity, the bar under section 37 of the NDPS Act is not appli
cable 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.
Learned counsel for the State has produced the case diary and does not dispute regardi
ng the quantity of ganja seized.
