Single-judge bail application arising from an NDPS charge regarding possession of ganja. The High Court granted bail to the petitioner, considering no prior involvement and the investigation being complete, despite state opposition.
Release of the petitioner on bail in T.R. Case No.49 of 2018 with terms of appearance before the court and I.I.C.
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BLAPL No.546 OF 2019
Learned counsel for the petitioner submits that the petitioner having been arraigned in the case for possessing 23 kgs of ganja, has been in custody since 3.11.2018. He further submits that under the circumstance the weighment has been made, the possibility of marginal error therein is not altogether ruled out. It is submitted that the petitioner has no prior involvement in commission of similar offence and the investigation of the case is complete when there also remains no scope on the part of the petitioner to flee from justice or tamper the evidence. In view of all the above, he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move. According to him, the petitioner though has no prior involvement for commission of similar offence but has been arraigned in two criminal cases.
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 petitioner in custody, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as
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deemed just and proper by the court in seisin of the case with further condition 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., Sambalpur Sadar 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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D. Dash, J.
Aks
/
1 issue framed by the court
Whether bail should be granted to the petitioner charged under section 20(b)(ii)(C) of the NDPS Act.
Petitioner
State
D. Dash
As recorded by the court registry
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