Application for bail under Section 439 Cr.P.C. in an N.D.P.S. Act case involving 121 kg of ganja. Court denied bail due to commercial quantity embargo and directed the trial court to expedite the trial.
Prayer for bail rejected; trial directed to be expedited.
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BLAPL No.10696 of 2019
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. for bail and the offence alleged is under Section 20(b)(ii)(c) of the N.D.P.S.Act.
Upon hearing both the parties, it reveals that the quantity of contraband ganja is weighing 121 Kg. and attracting commercial quantity. As such, I am not inclined to release the petitioner on bail in view of embargo contained in Section 37(1)(b) of the N.D.P.S.Act.
Accordingly, the prayer for bail is rejected. However, as prayed for by the petitioner, learned trial court is directed to expedite the trial.
B.P.Routray, J.
10 4.11.2020
I.A.No.775 of 2020
In view of the order passed in the main case, the
I.A. is also rejected.
…………………………..
B.P.Routray, J.
crb
2 issues framed by the court
Whether the petitioner should be released on bail given the commercial quantity of contraband seized.
Whether the trial should be expedited.
3 provisions across 2 enactments
The Petitioner
The State
B.P.Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
