The High Court rejected an application for bail under Section 439 Cr.P.C. alleging an offence under the NDPS Act. The Court held that a commercial quantity of contraband and prior criminal antecedents preclude bail under Section 37(1)(b) of the NDPS Act.
Prayer for bail was rejected; BLAPL No.5773 of 2019 was disposed of.
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BLAPL No.5773 of 2019
It is submitted on behalf of the petitioner that the petitioner has been implicated in the alleged offence on the basis of the statement of the co-accused, who is the driver of the truck and was caught hold with the contraband weighing 1075 kilograms.
Learned counsel for the NCB submits that this petitioner has earlier two criminal antecedents including the offences under the NDPS Act.
Considering the quantity of contraband ganja, which is involving the commercial quantity and the involvement of the petitioner in earlier offences, I am not inclined to release the petitioner on bail in view of the bar contained in Sec.37(1)(b) of the NDPS Act. Accordingly, the prayer for bail is rejected.
BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
B.P. Routray, J.
BKB
2 issues framed by the court
Whether the petitioner is eligible for bail under Section 439 Cr.P.C. given the involvement of commercial quantity of contraband and criminal antecedents.
How Section 37(1)(b) of the NDPS Act bars bail in cases involving commercial quantities of contraband.
3 provisions across 2 enactments
Petitioner (name not displayed)
National Narcotics Control Board (implicator)
B.P. Routray
As recorded by the court registry
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