The High Court granted bail to a petitioner charged under Section 20(b(ii)(C) of the NDPS Act for carrying ganja, despite the State's opposition, considering her lack of criminal record and short detention.
Release on bail subject to appearance at next date, no future offense, and reporting to IO weekly for six months.
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BLAPL NO. 5793 OF 2019
Learned counsel for the petitioner submits that this petitioner has not been arraigned in the case for carrying contraband ganja in the motor cycle and it is said that after two accused persons coming in the motorcycle, unloaded bags, this petitioner was found to be carrying one bag on her head. He further submits that the petitioner being so directed by the other coaccused persons, when was doing so for being assured of wages, she is now said to be in possession of total quantity of ganja which was being carried in the motor cycle by the two co-accused persons. In view of all the above; further placing the period of detention of the petitioner in custody, when she does not have any criminal antecedent, and it is not shown that she in any way is related to the other co-accused persons; he urges for grant of bail to the petitioner and the petitioner.
Learned counsel for the State opposes the move. According to him, the petitioner being found to be carrying the contraband ganja on her head, prima facie she cannot wriggle out of the liability.
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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 deemed just and proper by the court in seisin of the case with further conditions that she will appear in person before the court in seisin of the case on each date of posting of the case; will not indulge in commission of similar type of offence; and will report before the Investigating Officer on every Sunday in between 10.00 am to 2.00 pm for a period of six months. Violation of any of the above condition shall entail cancellation of bail.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Narayan
1 issue framed by the court
Whether bail should be granted to a custodian accused of possessing ganja who was not arraigned and had a short detention period without criminal antecedents.
2 provisions across 2 enactments
Narayan
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
