Single judge approved bail for a petitioner in a narcotics case involving ganja trafficking. Release granted as insufficient material exists beyond confessional statements of the petitioner and a co-accused.
Petitioner released on bail in the underlying bail petition notwithstanding the State's objection.
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06. 09.02.2017 BLAPL No.5270 of 2016
Heard the learned counsel for the petitioner and the learned counsel for the S
tate.
The petitioner being in custody in G.R. Case No.01 of 2016, arising out of Bhanjanagar
P.S. Case No.101 of 2016, pending in the court of learned Special Judge-Cum- Additional Distr
ict and Sessions Judge, Bhanjanagar, has filed this petition for his release on bail. The off
ence alleged against the petitioner is punishable under Section 20(b)(ii)(C) of the N.D.P.S. A
ct, 1985.
Allegation of the prosecution is that on 03.04.2016 at about 4.00 A.M. a black colour
Ford Fiesta Car bearing Registration No.04-02-AQ-4440 which was coming from Phulbani being loa
ded with Ganja was detained by the police. But the inmates thereof had fled away in the darkne
ss. However, the police stated to have seized 88 Kgs. of Ganja from the said car. Subsequently
, the owner of the said car, namely, Priyabrata Swain was apprehended. Confessional statement
of said Priyabrata Swain was recorded indicating involvement of the present petitioner in this
case. Besides the same, no other material has been collected against the petitioner.
Considering the fact that besides the confession of the co-accused and the confession
of the petitioner made before the police, no further material having been collected against th
e petitioner and the nature of the evidence as aforesaid, this Court is of the view that there
are reasonable grounds for believing that he is not guilty of such offence and that he is not
likely to commit any such offence earlier. Hence, this Court directs that the petitioner be r
eleased on bail in the aforesaid case notwithstanding the objection of the learned counsel for
the State by the court in seisin over the matter on such terms and conditions as the trial co
urt may deem it just and proper.
Accordingly, the BLAPL stands disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
..
S.Pujahari, J.
BJ
2
2 issues framed by the court
Whether the petitioner should be released on bail in an NDPS charge based primarily on his own confession and the confession of a co-accused.
Whether there are reasonable grounds to believe the petitioner is not guilty and unlikely to commit another offence.
Petitioner
State
S.Pujahari
As recorded by the court registry
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