This order grants bail to the petitioner charged under the NDPS Act, who was in custody as a passenger in a vehicle from which ganja was seized, noting the absence of evidence tampering risk and flight risk.
Release of the petitioner on bail with conditions to appear in court and not commit similar offences.
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BLAPL No.2799 of 2019
The petitioner being in custody in connection with Pattapur P.S. Case No.11 of 2019 corresponding to G.R. Case No.3 of 2019(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 NDPS Act has filed this application under section 439, Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that this petitioner has been arraigned in this case being a passenger in the vehicle from which 24 kgs of ganja is said to have been seized. He further submits that the ganja in the packets were there in the dicky of the vehicle and this petitioner, being a passenger when there were also two other passengers in the vehicle, his knowledge as to the carriage of said ganja is not readily inferable. With such material on record, the petitioner having remained in custody since 17.01.2019 and as there remains least scope on the part of the petitioner to flee from justice as also when the question of tampering the evidence does not arise in the case, he urges for grant of bail to this petitioner.
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 including the period of detention of the petitioners in custody and in the absence of any other impediment, 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 condition that he shall appear in person before the court in seisin of the case on each date of posting of the case and will not indulge in commission of similar type of offence.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules. `
D. Dash,J.
Aks
2 issues framed by the court
Whether bail should be granted to the petitioner charged with NDPS offence where the seized contraband was in the dicky and he was merely a passenger.
Whether there is any scope for the petitioner to flee from justice or tamper with evidence in the case.
2 provisions across 2 enactments
The Petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
