Single judge allowed bail to the petitioner alleged to be involved in an NDPS offence regarding 10.700 K.Gs of Ganja seized below commercial quantity.
Petitioner released on bail by furnishing bail bond of Rs.50,000 with two solvent sureties each for the like amount.
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BLAPL No.8250 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) of the N.D.P.S. Act.
Learned counsel for the petitioner submits that it is alleged that 10.700 K.Gs. of Gan
ja has been seized from the possession of the petitioner, which is less than the commercial qu
antity. He further submits that in the meantime charge sheet has been submitted 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 co
mmercial quantity, fact that the petitioner has not been named in the FIR, fact that in the me
antime the charge sheet has been submitted and the fact that the petitioner being a local man,
there is no chance of his absconding or influencing the witnesses, let the petitioner be rele
ased on bail on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent
sureties each for the like amount to the satisfaction of the learned Additional Sessions Judge
, Deogarh in T.R. No.18/2012-27 of 2016 with the conditions that (i) The petitioner shall appe
ar before the Court in seisin over the matter on each date of posting; (ii) he shall not tampe
r with the prosecution witnesses directly or indirectly; and (iii) he shall not commit any off
ence 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
2 issues framed by the court
Whether the petitioner alleged to be involved in an offence under Section 20(b) of the N.D.P.S. Act should be released on bail.
Whether the seizure of less than commercial quantity of Ganja and the petitioner not being named in the FIR are relevant factors for granting bail.
2 provisions across 2 enactments
Petitioner
State
Dr.D.P.Choudhury
As recorded by the court registry
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