Lodged under Section 439 Cr.P.C. for bail in a Section 21(b) NDPS Act case involving 16 kg of ganja, the application was rejected. The Court noted the petitioner's involvement in another case while on bail and found a chance of re-offending, ultimately refusing bail.
Prayer for bail stands rejected.
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BLAPL No.10805 of 2019
This application under Sec. 439 Cr.P.C. has been made on 13.12.2019 by the petitioner, namely Nanda @ Chhabindra Pradhan in Khurda Town P.S. Case No. 453 of 2019 corresponding to T.R. No.92 of 2019 under Sec. 21(b) NDPS Act pending in the court of learned 1st Addl. Sessions Judge-cum-Special Judge, Under NDPS Act, Khurda.
Heard learned counsel for the petitioner and the learned Additional Standing Counsel.
Learned counsel for the petitioner submits that the quantity of 16 Kg. ganja seized from the petitioner is below the commercial quantity. Learned Additional Standing Counsel objects the bail stating that the accused – petitioner was involved in other case while on bail and found to have been committed the present offence. Further paper required to wrap brown sugar was recovered from his house.
The fact of involvement of accused in other case, as urged by State, is not disputed.
Regards being had to the nature and gravity of offence, criminal antecedent, chance of absconding, I am not inclined to extend the privilege of Section 439 Cr.P.C.
Accordingly, prayer for bail stands rejected.
………………………….
Dr.A.K.Mishra, J.
pks
2
3
2 issues framed by the court
Whether bail should be granted to the accused given his criminal antecedents and involvement in another case while on bail.
Whether the chance of absconding justifies refusing bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Nanda @ Chhabindra Pradhan
State
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
