Akash Tiwari v. State of Orissa
Case brief
What is this about?
The court granted bail to the petitioner, an outsider implicated in an NDPS case for aiding in the recovery of ganja, noting the co-accused had already been released.
What did the court decide?
Petitioner released on bail with conditions to appear before the court, file affidavit of address, and submit to IIC of Alam Bagh Police Station.
What the court decided
BLAPL No.6070 of 2019
- 26.11.2019
The petitioner being in custody in connection with Jeypore Town P.S. Case No.254 of 2018 corresponding to T.R. No.54 of 2018 pending in the court of the learned Sessions Judge-cum-Special Judge, Koraput-Jeypore running for the alleged commission of offence under section 20(b)(ii)(C)/25 & 29 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 being an outsider having taken a lift in the motorcycle which was driven by the co-accused has been implicated in the case for recovery of a bag containing 26 kgs of ganja from that motorcycle. He further submits that said co-accused has in the meantime been released on bail by order passed by this Court on 20.8.2019 in BLAPL No.4074 of 2019. He also submits that keeping in view the circumstance of seizure of the contraband merely because this petitioner had attempted to escape do not go to show that he was having the knowledge as to the keeping of said bag in the motorcycle. In view of all the above, further citing the period of detention of the petitioner in custody for more than one year; he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move in view of the quantity of contraband involved in the case.
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:-
Issues for consideration
1 issue framed by the court
Whether the petitioner should be released on bail in the NDPS case considering the quantity of contraband and period of detention.
Parties & counsel
- petitioner
The Petitioner
- respondent
The State
Coram
D. Dash
Case details
As recorded by the court registry
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