The High Court rejected a pre-arrest bail petition filed by an accused implicated in a Machhakund P.S. Case involving offences under Sections 20(b)(ii)(C) and 29 of the NDPS Act, refusing release due to the nature and gravity of the accusation.
Prayer for pre-arrest bail rejected and the ABLAPL disposed of.
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ABLAPL No.17717 of 2019
The petitioner in this case having been implicated in Machhakund P.S. Case No.80 of 2018, corresponding to T.R. Case No.35 of 2018 pending in court of learned Addl. Sessions Judge-cum-Special Judge, Koraput, registered for alleged commission of offences punishable under Sections 20(b)(ii)(C) & 29 of NDPS Act, has filed this petition for his release on prearrest bail.
Regard being had to the facts and submissions made, especially the nature and gravity of accusation, circumstances in which the offences alleged to have been committed, character of materials appearing against the petitioner in support of charge and there being nothing on record to show that the allegations have been made against the petitioner being actuated with mala-fide, this Court is not inclined to release the petitioner on prearrest bail.
Accordingly, the prayer for pre-arrest bail stands rejected and the ABLAPL is disposed of.
…………………..
S. Pujahari, J.
SKG
2 issues framed by the court
Whether the petitioner entitled to pre-arrest bail in NDPS case given nature and gravity of accusation.
If malafide exists on record against petitioner.
1 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
