The Bench dismissed the bail application of a second journey petitioner in custody facing NDPS charges. The court declined reconsideration due to the quantity of seized contraband but directed the trial court to expedite the proceeding.
Application for bail under Section 439 Cr.P.C. dismissed; trial court directed to expedite trial.
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BLAPL NO.1080 OF 2020
The matter is taken by video conferencing mode.
This is the second journey of the Petitioner who is in custody in connection with Handapa P.S. Case No.67 of 2019 corresponding to C.T. (Special) NDPS Case No.01 of 2019 on the file of learned Addl. Sessions Judge-cum-Special Judge (NDPS), Athmallik for alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, in filing this application under section 439 of the Cr.P.C. for his release on bail.
Heard learned counsel for the Petitioner and learned counsel for the State.
Considering the submissions made, further keeping in view the quantity of contraband ganja said to have been seized from the vehicle in which the Petitioner was travelling as those emanates from the materials on record; as also the surrounding circumstances, I am not inclined to reconsider the prayer for grant of bail to the Petitioner. It is however observed that the trial court would do well to take all such effective steps as provided in law for early conclusion of the trial.
The BLAPL is accordingly dismissed.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
……………………..
D. Dash, J.
Narayan
2 issues framed by the court
whether to grant bail to the second journey petitioner in custody for alleged NDPS offence considering quantity of contraband seized
whether the application under Section 439 Cr.P.C. for bail should be reconsidered in view of surrounding circumstances
2 provisions across 2 enactments
Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
