In a bail application under Section 439 Cr.P.C. concerning an offence under the N.D.P.S. Act, the court released the petitioners on bail after noting the quantum of seized ganja was less than commercial quantity and no statutory bar existed.
Petitioners released on bail on furnishing a bond of Rs. 20,000 each with two solvent sureties for the like amount.
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BLAPL No. 4635 of 2018
2 23.07.2018 Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioners in connection with Kantamal P.S. Case No. 104 of 2018 corresponding to C.T. Case No. 326 of 2018 pending in the Court of learned Sessions Judge-Cum-Special Judge, Boudh for offence punishable under section 20(b)(ii)(B)of the N.D.P.S.Act.
The petitioners moved an application for bail before the learned Court of Special Judge, Boudh which was rejected on 28.06.2018.
Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 08.06.2018 and the total quantity of Ganja seized from the possession of the petitioners is 9 kgs.600 grams which is lesser than the commercial quantity and keeping in view the progress of investigation and absence of bar under section 37 of the N.D.P.S. Act for such quantity and on hearing the learned counsel for the State and going through the seizure list, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000/(Rupees twenty thousand) each 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
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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.
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S.K.Sahoo,J.
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1 issue framed by the court
Whether the petitioners should be released on bail in a narcotic drugs prosecution where seizure was under 10 kg ganja.
3 provisions across 2 enactments
The Petitioners
The State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
