Single-judge court allowed bail to an applicant arrested for an offense under the NDPS Act, noting he was a passenger in the vehicle where drugs were seized and that the driver was already on bail.
Petitioner released on bail bond of Rs. 50,000 with two solvent sureties each for Rs. 50,000 with conditions against tampering and new offenses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.9475 of 2017
04. 10.04.2018
Heard learned counsel for the petitioner and the learned Additional Standing Counsel for the State on the application under section 439 Cr.P.C. for release of the petitioner on bail who allegedly involved for the offence under Section 20(b) of the NDPS Act.
Learned counsel for the petitioner submits that this is the second bail application filed by the present petitioner and earlier bail application of the petitioner has been dismissed as withdrawn. According to him, the petitioner has been falsely implicated in this case as he was travelling in the concerned vehicle. The co-accused who is the driver of the vehicle has already been released on bail by this Court. Since the petitioner is in custody since 29.10.2015 and three witnesses have already examined but some further witnesses are to be examined. In view of such circumstances, the petitioner may be released on bail with any condition as deemed just and proper.
Learned Addl. Standing Counsel submits that the bail petition has already been rejected earlier and there is seizure of 80 Kgs. of ganja for which he opposes the prayer for bail.
Considering the submissions of learned counsel for the respective parties, regard being had to the facts and circumstances of the case including the seizure list and other materials on record showing no seizure of ganja made from the exclusive possession of the present petitioner but seized from the vehicle only where the present petitioner was a passenger, fact that co-accused who is the driver of the vehicle has already been released on bail by this Court, fact that the petitioner is in custody since 29.10.2015 and it is not know when the entire trial will be completed, fact that the petitioner being a local person there is no chance of his absconding or influencing the
2
jm
witnesses, let the petitioner be released 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 District Judge-cum-Special Judge, Bhadrak in Special Case No.4/146/2016 with the conditions that (i) The petitioner shall appear before the court in seisin over the matter on each date of posting; (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 issues framed by the court
Whether the petitioner accused under Section 20(b) of the NDPS Act should be granted bail.
Whether the fact that the petitioner was a passenger and not in exclusive possession justifies bail.
3 provisions across 3 enactments
Petitioner
State
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
