The Special Judge allowed bail to the petitioner Tarun Das, charged with possession of contraband Ganja under the NDPS Act, holding that Section 37 was not attracted and there was no apprehension of absconding given his local residence.
Petitioner released on bail on terms and conditions to be framed by the Special Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.8857 of 2019
Heard learned counsel for the petitioner and the learned Additional Standing Counsel for the State.
The petitioner-Tarun Das is in custody for alleged commission of offence punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the N.D.P.S. Act” for brevity) in Excise District Mobile, Malkangiri P.R. Case No.30 of 2019-20 of the court of the learned Sessions Judge-cum- Special Judge, Malkangiri, arising out of Nimapara P.S. Case No.239 of 2019.
It is apparent from the records that in this case, 12kgs and 100 grams of contraband Ganja was seized from the possession of the petitioner. The bar under Section 37 of the N.D.P.S. is not attracted in this case. Moreover, the petitioner is a permanent resident of M.V.37, P.S.- Orkel, in the district of Malkangiri. Hence, there is no reasonable apprehension of his abscondance from the process of justice.
In that view of the matter, the application for bail of the petitioner is allowed. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned Sessions Judge-cum- Special Judge, Malkangiri.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S. K. Mishra, J.
BJ
3 issues framed by the court
Whether bail should be granted to the petitioner charged under Section 20(b)(ii)(B) of the NDPS Act.
Whether Section 37 of the NDPS Act bars the grant of bail in the present case.
Whether the petitioner has a reasonable apprehension of absconding.
2 provisions across 1 enactments
Tarun Das
State
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
