Bail application filed by a petitioner in custody for alleged offences under the NDPS Act. Court granted bail citing completed investigation and release of co-accused, imposing conditions.
Petitioner released on bail with directions to appear on each date and not commit similar offences.
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BLAPL NO. 4984 OF 2019
The petitioner being in custody in connection with Badagad P.S. Case No. 85 of 2019 corresponding to T.R. Case No. 149 of 2019 on the file of learned District & Sessions Judge, Bhubaneswar running for alleged commission of offence under section 21(C)/22(C)/29 of the Narcotic Drugs Psychotropic Substance (NDPS) Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that this petitioner has been arraigned in the case on the allegation of violation of the terms and conditions of the license issued for the purpose of curtain identified drugs as stated. He further submits that co-accused persons, said to be assisting the petitioner in carrying out the sale of those drugs to different outlets, have in the meantime been released on bail and the investigation of the case is complete. In view of all the above, further citing the period of detention of the petitioner in custody, when there remains no scope for him to flee from justice and tamper the evidence; he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move. According to him, the very purpose behind the non-storage of cough syrup in the place as permitted under the license amounts to violation in the facts and circumstances of the case which can be seen to be with an oblique motive.
Considering the submissions made and on going through the materials as placed, further keeping in view the surrounding circumstances and the period of detention of the petitioner in custody; it is directed that the petitioner be
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released on bail in the aforesaid case on 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 without fail; will not indulge in any similar type of offence. Violation of any of the above condition shall entail cancellation of bail.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
Free copy of this order be supplied to the learned counsel for the State.
Narayan
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case under the NDPS Act after an investigation completed and co-accused released.
2 provisions across 2 enactments
The Petitioner
The State
Narayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
