The Single Judge dismissed the second bail application in an NDPS case involving ganja possession, holding no change in surrounding circumstances or quantities to warrant revisiting refusal.
Bail application dismissed; petitioner to remain in custody.
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BLAPL No.3582 of 2020
This matter is taken up through video conferencing mode. This is the second journey of the petitioner, who is in custody in Gochhapada P.S. Case No.31 of 2019 corresponding to C.T. No.24 of 2019 pending on the file of learned District and Sessions Judge-cum-Special Judge, Kandhamal, Phulbani 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 State Counsel.
Considering the submissions made and keeping in view the nature of accusations against the petitioner; further keeping in view the surrounding circumstances including the quantity of ganja seized, finding no such change of circumstance, I am not inclined to reconsider the prayer for release of the petitioner on bail.
The BLAPL is dismissed accordingly.
…………………..
D. Dash,J.
Basu
2 issues framed by the court
Whether bail application by accused facing NDPS charges with seized narcotics should be reconsidered given lack of change in circumstances.
Whether sustained custody is justified under NDPS Act Section 20(b)(ii)(C) without altered surrounding circumstances.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
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