A single judge permitted bail for the petitioner charged under Section 21(a) of the N.D.P.S. Act. The court noted the seizure quantity was minimal, not found in his exclusive possession, and he is a local resident. Bail granted with conditions.
Released on bail with bond of Rs.50,000 plus two sureties, subject to specific conditions.
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BLAPL No.8163 of 2016
2. 02.01.2017 Heard learned counsel for the petitioner and t
he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit
ioner on bail who allegedly involved with the offence under Section 21(a) of the N.D.P.S. Act.
2. Learned counsel for the petitioner submits that there was a seizure of 4 grams
of Brown Sugar, which is less than small quantity, from the possession of the co-accused pers
ons and basing on the statement of the co-accused person, the petitioner has been arrested and
languishing in custody. He further submits that the present petitioner has been falsely impli
cated in this case and there is no seizure of any Brown Sugar from the exclusive conscious pos
session of the petitioner for which the present petitioner may be released on bail by taking a
lenient view on bail with any condition as deemed fit and proper. Learned counsel for the Sta
te opposes the prayer for bail.
3. Considering the submission of the learned counsel for the respective parties a
nd regard being had to the facts and circumstances of the case including the fact that the fac
t that 4 grams of Brown Sugar, which is less than small quantity, being not seized from the ex
clusive conscious possession of the petitioner and the fact that the petitioner being a local
person, there is no chance of his absconding or tampering with the prosecution evidence, let t
he petitioner be released on bail in connection with T.R. Case No.3077 of 2016 pending in the
court of learned Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar on furnishing bail b
ond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount
to the satisfaction of the Court in seisin over the matter with the conditions that (i) The
petitioner shall appear before the IO at 10:00 AM on each Sunday till submission of the final
form; (ii)he shall not tamper with the prosecution witnesses directly or indirectly; and (iii)
he shall not commit any offence while on bail.
4. 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
Basu
- 2 -
2 issues framed by the court
Whether the petitioner, arrested on false implication regarding 4 grams of Brown Sugar not found in his exclusive possession, be released on bail.
Whether bail with conditions is appropriate given that the petitioner is a local person with low risk of absconding.
2 provisions across 2 enactments
Basu
Dr. D.P. Choudhury
As recorded by the court registry
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