The court granted bail to the petitioner under Section 439 Cr.P.C. for a narcotics offence involving seized ganja below small quantity, setting specific conditions and bail bond requirements.
Petitioner released on bail with furnishing of bail bond of Rs.50,000 and two sureties on specified conditions.
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BLAPL No.8215 of 2016
6.1.2017
Heard learned counsel for the petitioner and the learned State Counsel on the
application under section 439 Cr.P.C. for release of the petitioner on bail who allegedly invo
lved with the offence under Section 20(b)(ii)(B) of the N.D.P.S. Act.
Learned counsel for the petitioner submits that the alleged Ganja of 4 KG has been sei
zed from the possession of the petitioner which is less than the small quantity for which he p
rays to release the petitioner on bail by taking lenient view on any condition as deemed just
and proper. Learned Standing Counsel opposes the prayer for bail.
Considering the submissions of learned counsels for both the sides, regard being had t
o the facts and circumstances of the case including the fact that the Ganja seized is below sm
all quantity and the fact that the petitioner being a local man, there is no chance of his abs
conding or influencing the witnesses, let the petitioner be released on bail on furnishing bai
l bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amo
unt to the satisfaction of the learned Additional Sessions Judge, Chatrapur in 2(a) CC No.09 o
f 2016(N) with the conditions that (i) The petitioner shall appear before the IO at 10:00 AM o
n 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.
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 the petitioner should be released on bail for the offence related to involvement with ganja below small quantity.
2 provisions across 2 enactments
The Petitioner
The State
Dr. D.P. Choudhury
As recorded by the court registry
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