In a bail application under Section 439 Cr.P.C. regarding a narcotics conviction under the NDPS Act, the court granted bail considering the length of detention and low likelihood of further offences.
Petitioner released on bail on executing bond of Rs. 30,000 with two local solvent sureties on executing same amount.
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BLAPL No.1713 of 2020
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439, Cr.P.C. for grant of bail to the petitioner in connection with Orkel P.S. Case No.27 of 2020 corresponding to T.R. Case No.27 of 2020 pending in the court of the learned District & Sessions Judgecum-Special Judge, Malkangiri for the alleged commission of offence under Section 20 (b) (ii) (c) of the N.D.P.S. Act.
It is submitted by the learned counsel for the petitioner that two air bags were recovered from the possession of three accused persons containing 25kg 250gms and 25kg 50gms of contraband ganja respectively which is in total 50kg and 300gms.
Learned counsel for the State Submits that on the basis of case diary that there is no criminal antecedent against the petitioner. However learned counsel for the State opposes prayer for bail.
Considering the rival submissions made by the learned counsel for the parties and having regard to the length of detention in custody of the petitioner and coupled with the fact that the petitioner is not likely to commit any offence, I am inclined to allow this bail application and direct that each of the petitioner be released on bail on executing bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned District & Sessions Judge-cum-Special Judge, Malkangiri in connection with the aforesaid case subject to the following
Gs
2
conditions:
The BLAPL is accordingly disposed of.
P. Patnaik, J.
1 issue framed by the court
Whether bail should be granted to the accused in a narcotics possession case after 50kg and 300gms of ganja were recovered.
2 provisions across 2 enactments
The Petitioner
The State
P. Patnaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
