This court granted bail to the petitioner accused under the N.D.P.S. Act. Considering the quantity of ganja seized, absence of statutory bar, and period of custody, the court issued a bail bond with sureties.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for Rs. 20,000.
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BLAPL No. 4580 of 2018
2 20.07.2018 Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Boriguma P.S. Case No. 87 of 2018 corresponding to T.R. Case No. 19 of 2018 pending in the Court of learned Sessions Judge –cum- Special Judge, Koraput for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the learned Sessions Judge –cum- Special Judge, Koraput-Jeypore was rejected on 13.06.2018.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 04.05.2018 and from the individual possession of the petitioner, two bags were seized in which total net weight of 19 kgs. 400 grams of ganja was found. He drew the attention of this Court to the first information report where the individual seizure aspect from the petitioner has been reflected so also produced the certified copy of the seizure memo as well as weighment chart of the ganja which was recovered from the possession of the petitioner. The copies of the seizure memo as well as weighment chart are taken on record. He has also filed the first information report which is taken on record. It is further contended that the investigation has made substantial progress and in view of the quantity of ganja seized from the individual possession of the petitioner, the bar under section 37 of the N.D.P.S. Act is not applicable for grant of bail and therefore, the bail
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application of the petitioner may be favourably considered. Learned counsel for the State does not dispute regarding the quantity of Ganja stated to have been seized from the possession of the petitioner.
Considering the submissions made by the learned counsels for the respective parties, nature of accusation against the petitioner, quantity of ganja seized, absence of bar under section 37 of the N.D.P.S. Act for such quantity and taking into account the period of detention of the petitioner in judicial custody, I am of the opinion that it is a fit case for grant of bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000/(Rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
………………….
S.K.Sahoo, J.
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1 issue framed by the court
Whether the petitioner is a fit case for bail given the quantity of ganja seized and the absence of a statutory bar under the N.D.P.S. Act.
3 provisions across 2 enactments
Petitioner
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
