Single judge dismissed State's bail opposition holding that petitioner should be released on bail in NDPS case for physical possession of ganja after acknowledging surrounding circumstances and duration of custody.
Petitioner released on bail with terms to appear in court on all dates and report to police every Monday for six months.
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BLAPL No.21 OF 2019
Learned counsel for the petitioner submits that this petitioner having been arraigned in the case for having the involvement in carriage of 31 kgs of ganja in the Bolero vehicle has been in custody since 6.9.2017. She further submits that as per the prosecution case, the owner namely, Prasidha Barik was very much present in the vehicle which was being driven by other accused namely, Dutta. She therefore contends that in presence of the owner and driver, the knowledge of this petitioner as to the keeping of ganja in the said vehicle is not readily inferable. She urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move. According to him, the petitioners are involved in carriage of commercial quantity of ganja. He also submits that this petitioner has also involvement in two other cases.
Learned counsel for the petitioner in reply submits that in those two cases the petitioner has been granted bail.
Considering the submissions made and on going through the materials available on record; further
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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 with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions 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 and will appear before the I.I.C., Jujumura P.S. on every Monday in between 10.00 A.M. to 2 P.M. for a period of six months.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
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Aks
D. Dash, J. /
2 issues framed by the court
Whether the petitioner, arraigned for carriage of ganja, is eligible for bail after prolonged detention.
Whether credit can be given to the petitioner's claim that the owner and driver were present, negating knowledge.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
