Application for release on bail under sec. 439 Cr.P.C. in an NDPS case was heard and dismissed. The court noted the petitioner's role warrants denial of bail but directed the trial court to conclude proceedings within two months.
Bail rejected; trial court directed to conclude the trial within two months.
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BLAPL No. 2722 OF 2019
04. 25.11.2019
The petitioner being in custody in connection with STF, Bhubaneswar P.S. Case No. 09 of 2014 corresponding to Special Case No. 03 of 2015 (NDPS Act) arising out of G.R. Case No.329 of 2014 on the file of learned Addl. District Judge-cum-Special Judge, Boudh running for 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.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and keeping in view the role of the petitioner said to have been played by him in relation to the incident as those emanates from the materials on record including the statement of the witnesses; as also other surrounding circumstances; at this stage of the trial; I am not inclined to grant bail to the petitioner. However, taking into account the period of detention of the petitioner in custody, it is observed that the trial court would do well to take all such effective steps, as provided in law for conclusion of the trial, within a period of two months hence.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
Free copies of the order be supplied to the learned counsel for the State as also to the Officer attached to STF, Bhubaneswar who is present in the Court today for needful action at their end.
Narayan
……………………..
D. Dash, J.
// 2 //
2 issues framed by the court
Whether bail should be granted to the petitioner under the NDPS Act who is in custody.
Directions to the trial court for conclusion of the trial within a specific timeframe.
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
