Single judge granted bail to three petitioners accused under S. 21(b) of NDPS Act for possession of brown sugar below commercial quantity, citing remote chance of absconding and release of co-accused.
Petitioners released on bail by furnishing bond of Rs. 15,000 with two sureties each to the satisfaction of Special Judge, Baleswar.
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BLAPL No.10790 of 2019
This application under Section 439 Cr.P.C. has been made on 13.12.2019 by the petitioners, namely Narasingha Samantaray, Kartik Mohapatra and Raj Kumar Goswami, implicated in Kantapada P.S. Case No.350 of 2019, corresponding to Special G.R. Case No.324 of 2019 of the court of learned Special Judge, Baleswar for commission of offence U/s.21(b) of NDPS Act.
Heard learned counsel for the petitioners and the learned Counsel for the State.
It is submitted by the learned counsel for the petitioners that the seized brown sugar is below the commercial quantity and co-accused persons are already released on bail by this Court. The petitioners are in custody since 5.11.2019 and chance of absconding is remote for having root at Puri District.
Having regards to the nature of accusation, period of detention as well as above attenuating circumstances, I am inclined to grant bail to the present petitioners.
Hence, it is ordered that the petitioners namely Narasingha Samantaray, Kartik Mohapatra and Raj Kumar Goswami be released on bail on furnishing bail bond of Rs.15,000/-(Rupees fifteen thousand) with two sureties each for the like amount to the satisfaction of learned Special Judge, Baleswar in the above noted case, subject to such terms and conditions as deemed just and proper by him.
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The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
………………………... Dr. A. K. Mishra, J.
2 issues framed by the court
Whether bail should be granted to petitioners implicated in NDPS offence under S. 21(b) given commercial quantity defence and remote chance of absconding.
Whether seized brown sugar being below commercial quantity warrants release on bail.
2 provisions across 2 enactments
Narasingha Samantaray
Kartik Mohapatra
Raj Kumar Goswami
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
