Justice Dash dismissed an interim bail application in a drugs case (BLAPL 2295/2019) and the main bail application, noting the petitioner's role and quantity of contraband as reasons against interim release.
Interim bail and main bail prayer dismissed; petitioner advised to approach the trial court on available grounds.
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BLAPL No.2295 of 2019
BLAPL No.2295 of 2019 And
I.A. No.499 of 2020
10. 12.08.2020
The matter is taken up through video conferencing.
This petitioner, who is in custody in T.R. Case No.23 of 2018 arising out of Borigumma P.S. No.91 of 2018 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri running for the alleged commission of offence under section 20 (b)(ii)(c) of the N.D.P.S. Act, has filed this application under section 439, Cr.P.C., for his release on bail. One I.A. has also been filed for grant of interim bail, which has been registered as I.A. Nos.499 of 2020
Heard learned counsel for the petitioner and learned State
Counsel.
Considering the submissions made and on going through the materials as placed; further keeping in view the role of the petitioner at the relevant time as also the quantity of contraband involved and other surrounding circumstances; I am not inclined to accept the prayer for grant of interim bail to the petitioner.
The application for grant of interim bail to the petitioner is, however, disposed of with observation that it is open for him to seek his release on interim bail by filing necessary application on the available ground. It is needless to say that in that event, the learned court in seisin of the case will consider the same on its own merit and dispose of early in accordance with law.
The BLAPL as well as I.A. stand dismissed accordingly.
�������.. D. Dash,J.
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2 issues framed by the court
Whether to grant interim bail to an accused in custody for alleged possession of contraband under the N.D.P.S. Act.
Whether to grant regular bail through the present application under Section 439 Cr.P.C.
2 provisions across 2 enactments
Petitioner (Accused)
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
