In NDPS case involving alleged holding of ganja, court granted bail despite long custody, dismissing state objection on grounds that trial progress offers assurance against tampering and fleeing.
Released on bail with terms including affidavit of address, biweekly appearance at police station for six months, and appearance on every posted date of trial.
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BLAPL No.15 of 2019
The petitioner being in custody in Excise P.R. Case No.32 of 2018-19 arising out of T.R. Case No.43 of 2018/2(a)CC No.9 of 2018 (N) pending in the court of the learned Sessions Judge-cumSpecial Judge, Ganjam, Berhampur running for the alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, has filed this application under section 439, Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that on the allegation that this petitioner was carrying 25 kgs of ganja, he has been arraigned in the case and the prosecution has attributed possession of 55 kgs of ganja to the petitioner when seizure of 30 kgs of ganja is said to have been made from another person. He further submits that with such allegation, the petitioner has remained in custody since 22.5.2018 and now there remains least scope on his part to flee from justice and tamper the evidence as most of the witnesses are official. He further submits that even though the petitioner has been in custody for more than a year, four witnesses have been examined in the trial. In view of the above, he urges for grant of bail.
Learned counsel for the State opposes the move.
Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances as also the long period of detention of the petitioner in custody, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that:
(i) he shall furnish his present address along with the contact mobile numbers by way of affidavit and in case of any change, shall intimate the same in that way;
(ii) he shall appear before the Inspector-in-Charge of Sikraol police station in the district of Buxar in the State of Bihar every Sunday in between 10.00 am to 2.00 pm for a period of next six months; and
(III) he shall appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial and shall not fail to appear for three consecutive dates.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
�������.. D. Dash,J.
Basu
2 issues framed by the court
Whether the petitioner should be released on bail in a case alleging commission of offence under section 20(b)(ii)(C) of NDPS Act.
Whether the longstanding custody warrants bail given the stout denial and official nature of witnesses.
2 provisions across 2 enactments
Petitioner
State
Basu
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
