High Court allowed bail to petitioner charged under NDPS Act for alleged seizure of 6.545 kg ganja below commercial quantity. Court relied on Section 37 of NDPS Act and lack of criminal antecedents, imposing standard bail conditions.
Petitioner released on bail with conditions: no further offence, no witness tampering, and cooperation with investigation officer.
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BLAPL No.4692 of 2020
Heard Mr. Prasant Kumar Routray, learned counsel for the petitioner and Mr. Karunakar Nayak, learned Additional Standing Counsel for the State.
This is an application under Section 439, Cr.P.C., for grant of bail to the petitioner in connection with Bhatli P.S.Case No.96 of 2020 corresponding to C.T.Case No.20 of 2020 pending in the court of the learned Sessions Judge, Bargarh for alleged commission of offence under section 20 b(ii)(B) of N.D.P.S. Act.
Learned counsel for the petitioner submits that the allegations against the petitioner are totally false and fabricated and from the F.I.R. story as well as other materials available on record no prima facie case is made out against the petitioner. No contraband ganja has been seized from the possession of the petitioner. As per prosecution case, only 6 kg. 545. grams of ganja has been seized, which is less than commercial quantity and Section 37 of NDPS Act is not a bar to release the petitioner on bail. It is the submission of the learned counsel for the petitioner that investigation of the case is almost complete and charge sheet is yet to be submitted and no criminal antecedent is alleged against the petitioner.
r/pm
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Learned Additional Standing Counsel, on the other hand, submits that the petitioner may not be released on bail on the ground of seriousness of the offence and pending investigation.
Considering the submissions made by the learned counsel for the parties, the materials available on record and keeping in view the quantity of ganja seized, which is below the commercial quantity and the manner of implication of the petitioner and more specifically Section 37 of the NDPS Act, coupled with the fact that the petitioner has no criminal antecedent as submitted by the learned counsel for the petitioner, I am inclined to allow this bail application and direct that the petitioner be released on bail in the aforesaid case on such terms and conditions as would be deemed fit and proper by the learned court below with the following conditions:
(i) he shall not commit similar offence or any other offence;
(ii) he shall not try to influence or terrorise the prosecution witnesses in any manner; and (iii) he shall appear before the Investigating Officer as and when required for the purpose of investigation.
Violation of any of the above conditions would entail cancellation of bail of the petitioner.
Accordingly, the BLAPL is disposed of.
…………..…..….. P. Patnaik, J.
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1 issue framed by the court
Whether bail should be granted to the petitioner charged with an offence under Section 20(b)(ii)(B) of the NDPS Act involving a quantity below the commercial limit.
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
