This judgment rejects a bail application under section 439 Cr.P.C. filed by a person in custody charged under the NDPS Act, holding that the available materials do not justify release.
Prayer for release on bail under section 439 Cr.P.C. rejected.
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BLAPL No.4166 OF 2019
04. 16.11.2019
The petitioner being in custody in Baipariguda P.S. No. 23 of 2019 corresponding to T.R. Case No.10 of 2019 on the file of learned Sessions Judge-cum-Special Judge, Koraput at Jeypore for alleged commission of offence under section 20(b)(ii)(C)/25/29 of NDPS Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submission and keeping in view the nature of accusation against the petitioner as those emanate from the materials available on record, at this stage, I am not inclined to release the petitioner on bail.
Accordingly, his prayer for bail stands rejected.
The BLAPL stands dismissed.
Issue urgent certified copy as per rules.
D. Dash, J.
Aks
2 issues framed by the court
Whether the petitioner should be granted bail under section 439 Cr.P.C. in an NDPS case.
Whether the nature of the accusation justifies the rejection of bail at this stage.
2 provisions across 2 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
