In a bail application under Section 439 Cr.P.C. for an N.D.P.S. Act offence, the court rejected the prayer due to the nature of allegations, quantity of seized drugs, and chance of absconding, directing the trial court to expedite the trial.
Prayer for bail rejected; trial court directed to expedite trial.
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BLAPL No.8544 of 2019
Heard learned counsel for the petitioners and learned Counsel for the State.
It is submitted by the learned counsel for the petitioners that the petitioner is languishing in jail custody since 9.6.2019 and charge-sheet was filed in this case.
Considering the nature of allegation, quantity of seized ganja and chance of absconding, I am not inclined to grant bail to the present petitioner. Prayer for bail stands rejected.
Considering the submission made by learned counsel for the petitioner, the trial court is directed to speed up the trial for early completion as per the guidelines given by the Hon’ble Apex Court in case of Hussain & Anr. v. Union of India reported in 2017 (5) SCC-702.
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The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per
rules.
………………………... Dr. A. K. Mishra, J.
1 issue framed by the court
Whether bail should be granted to a petitioner accused of under N.D.P.S. Act considering nature of allegations and quantity of seized drugs?
Colour shows how this judgement treated each authority
Hussain & Anr. v. Union of IndiaReferred¶6
Hussain & Anr. v. Union of India, 2017 (5) SCC-702. · Who else cites this
Sunil Khemundu
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
