The High Court dismissed a bail application filed by a petitioner detained under the NDPS Act. The court, considering the nature of accusations and the quantity of ganja seized, refused to reconsider the bail prayer.
Prayer for release on bail was rejected and the BLAPL was dismissed.
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BLAPL No.2224of 2020
03. 15.04.2020
This matter is taken up through Video conferencing mode.
This is the second journey of the petitioner, who is in custody in R. Udayagiri P.S. Case No.82of 2019which arises out of G.R. Case No.48 of 2019pending in the court of the learned SessionsJudge-cum-Special Judge,Gajapati, Paralakhemundirunning for the alleged commission of offence under section 20(b)(ii)(C)/25 & 29 of the NDPS Act,1985has filed this application under section 439, Cr.P.C. for hisrelease on bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and keeping in view the nature of accusations against the petitioner as also the quantity of ganja said to have been seized,I am not inclined to reconsider the prayer for release of the petitioner on bail. Accordingly, his prayer for bail stands rejected.
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.
H
1 issue framed by the court
Whether the petitioner is entitled to be released on bail considering the nature of accusations and quantity of ganja seized.
2 provisions across 2 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
