A public appearance list bail application filed by a petitioner implicated in an alleged NDPS offence was dismissed by the court after hearing counsel. The judge, Dash, J., held that the nature of the accusation and available materials did not warrant anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.1156 of 2021
2. 25.02.2021
The Petitioner having been implicated in Phulbani Town P.S. Case No.139 of 2020 corresponding to C.T Case No.59 of 2020 registered for alleged commission of offence under section 20(b)/ii/B of the NDPS Act pending on the file of learned District & Sessions Judge-cum-Special Judge, Phulbani, has filed this application under section 438 Cr.P.C. for his release on bail in the event of his arrest.
Heard learned counsel for the Petitioner and learned counsel for the State.
Considering the submission and keeping in view the nature of accusation as to the role of this Petitioner as those emanate from the materials on record; I do not find it to be a fit case for grant of anticipatory bail to the Petitioner.
Accordingly, the ABLAPL stands dismissed of.
Issue urgent certified copy of this order as per rules.
…………………….. Dash, J.
Basu
1 issue framed by the court
Whether anticipatory bail is a fit case given the petitioner's role in the alleged NDPS offences
2 provisions across 2 enactments
Petitioner
State
Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
