The Respondent Supreme Court granted bail to the petitioner arrested under the NDPS Act, given the detention duration and seizure of ganja weighing less than commercial quantity.
Release the petitioner on bail in connection with Podia P.S. Case No.52/2019 corresponding to T.R. Case No.126/2019 on terms to be fixed by the lower court.
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BLAPL No.9224 of 2019
The offences alleged are under Sec.20(b)(ii)(B) of the N.D.P.S. Act.
It reveals from the copy of the F.I.R. that the alleged contraband ganja seized from the possession of the petitioner is weighing 13 kg., which is admittedly less than the commercial quantity.
It is submitted on behalf of the petitioner that the petitioner is inside custody since 24.10.2019.
Considering the period of detention of the petitioner inside custody and the quantity of the contraband ganja, which is less than the commercial quantity, it is directed to release the petitioner on bail in connection with Podia P.S. Case No.52/2019 corresponding to T.R. Case No.126/2019 on such terms and conditions to be fixed by the learned court below in seisin over the matter.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
B.P. Routray, J.
BKB
1 issue framed by the court
Whether the petitioner is entitled to bail considering the period of detention and quantity of contraband being less than commercial quantity.
1 provisions across 1 enactments
Petitioner
The State
B.P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
