The Patna High Court dismissed the second bail application of petitioner Narayan, who is in custody for an alleged NDPS offence. The court found no changed circumstances and rejected the prayer for release on bail.
The bail application under section 439 Cr.P.C. was dismissed, leaving the petitioner in custody.
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BLAPL NO. 220 OF 2020
04. 09.06.2020:
The matter is taken up through video conferencing.
This is the second journey of this petitioner who is in custody in connection with Athamallik P.S. Case No.102 of 2018 corresponding to Special Case No. 03 of 2018 on the file of learned Addl. District & sessions Judge-cum-Special Judge, Athamallik running for alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act in filing this application under section 439 of the 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 materials on record including the quantity of contraband ganja said to have been seized from the possession of the petitioner; further keeping in view the surrounding circumstances, finding no such changing circumstance; I am not inclined to reconsider the prayer for grant of bail to the petitioner.
The BLAPL is accordingly dismissed.
……………………..
D. Dash, J.
Narayan
2 issues framed by the court
Whether bail should be reconsidered in a second bail application given the unchanged circumstances and quantity of contraband seized.
Whether to modify the previous bail direction in a case under section 20(b)(ii)(C) of the NDPS Act.
2 provisions across 2 enactments
Narayan
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
