Application under Section 439 Cr.P.C. for bail in an NDPS case involving possession of 10gms of brown sugar was allowed. Petitioner granted bail on Rs.50,000 bond with sureties on specific conditions.
Petitioner released on bail of Rs.50,000 with two sureties each for like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.7712 of 2016
06.01.2017
Heard learned counsel for the petitioner and the learned Additional Standing Counsel f
or the State on the application under section 439 Cr.P.C. for release of the petitioner on bai
l who allegedly involved for the offence under Section 21(b) of the NDPS Act.
Learned counsel for the petitioner submits that there is no criminal antecedent agains
t the present petitioner and he has been falsely implicated in this case although 10 gms. of b
rown sugar allegedly to have been seized from his possession, for which lenient view may be ta
ken to release the petitioner on bail with any condition as deemed just and proper. Learned Ad
dl. Standing Counsel without disputing the facts opposes the prayer for bail.
Considering the submissions of learned counsel for the respective parties, regard being
had to the facts and circumstances of the case including the fact that there is seizure of 10
gms. of brown sugar which is little above the small quantity and below the commercial quantit
y, fact that there is no criminal antecedent against the present petitioner and the fact that
the petitioner being a local person, there is no chance of his absconding or influencing the
witnesses, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rup
ees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of
the learned District & Sessions Judge-cum-Special Judge, Balasore in Special Case No.642 of 20
16 with the conditions that(i) The petitioner shall appear before the I.O. on every Sunday at
10 AM till submission of final form; (ii) he shall not tamper with the prosecution witnesses d
irectly or indirectly; and (iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of the bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
Dr. D.P.Choudhury, J.
2
1 issue framed by the court
Whether to grant bail to the petitioner charged under Section 21(b) of the NDPS Act for possession of 10gms of brown sugar.
2 provisions across 2 enactments
Petitioner
State
Dr. D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court