Applicant approached the Court for bail under section 439 Cr.P.C. in a second proceeding arising from the alleged commission of an offence under the NDPS Act. The court found no change in circumstances warranting reconsideration and dismissed the application.
Prayer for reconsideration of bail and grant of bail dismissed.
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BLAPL No.1657 of 2020
conferencing.
This is the second journey of the petitioner, who is in custody in 2(a) CC No.10 of 2019(N) arising out of P.R. No.24 of 2019 pending on the file of learned Sessions Judge-cum-Special Judge, Ganjam, Bhubaneswar, running for the alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, in filing this application under section 439, Cr.P.C., for his release on bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and on going through the earlier order dated 14.11.2019 passed by this Court in BLAPL No.7037 of 2019 as well as the materials on record relating to seizure of commercial quantity of ganja and the circumstances leading to that; finding no such change in the circumstances; I am not inclined to reconsider the prayer for grant of bail to the petitioner.
The BLAPL is dismissed accordingly.
…………………..
D. Dash,J.
Basu
1 issue framed by the court
Whether to reconsider the prayer for bail given the alleged commission of offence under the NDPS Act.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
