Criminal bail application filed by a petitioner in custody accused under NDPS Act. Court granted bail after considering submissions regarding his role as a bona fide passenger and period of detention, imposing personal appearance conditions.
Petitioner directed to be released on bail on such terms as deemed just and proper by the court in seisin of the case.
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BLAPL NO.1256 OF 2019
The petitioner being in custody in connection with Phulbani Town P.S. Case No. 04 of 2019 corresponding to C.T. Case No. 06 of 2019 pending in the court of learned District and Sessions Judge-cum-Special Judge, Phulbani, running for the alleged commission of offence under section 20(b)(ii)(c ) of NDPS Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that this petitioner was a bona fide passenger in the vehicle which was driven by another accused and the owner of the vehicle was very much present at the relevant time. It is his submission that in presence of the owner of the vehicle and it’s driver when the seized contraband ganja has been recovered from the dickey, the knowledge of this petitioner as to its keeping is not readily inferable. In view of all the above, when there remains least scope on the part of the petitioner to flee from justice and tamper the evidence, he urges for release of the petitioner on bail.
Learned counsel for the State opposes the move.
Considering the submissions made and on going through the materials as placed, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with the further condition that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
Aks
2 issues framed by the court
Whether the petitioner is eligible for release on bail in a case involving scheduled offence under NDPS Act where he was alleged to be a bona fide passenger.
Whether the period of detention and surrounding circumstances warrant granting bail with personal attendance conditions.
2 provisions across 2 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
