A bail application under Section 439 CrPC in a narcotics case was allowed. The court noted the petitioner was in custody and the seized ganja quantity was less than commercial quantity, directing release on bail to be fixed by the recording court.
Petitioner to be released on bail in connection with the specified PR case.
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BLAPL No. 2253 of 2021
This is an application under Section 439 Cr.P.C. for bail and the offences alleged are under Sections 20(b) (ii) (B) of the N.D.P.S. Act.
It is submitted on behalf of the petitioner that the petitioner is inside custody since 09.03.2021 and the alleged quantity of contraband ganja is 8 kgs.
After hearing the learned counsel for the State and considering the period of detention of the petitioner inside custody and the quantity of contraband ganja seized from the possession of the petitioner which is less than commercial quantity, it is directed to release the petitioner on bail in connection with P.R. Case No. 71 of 2020-21 arising out of 2(a) CC No. 02 of 2021 on such terms and conditions to be fixed by the learned court below in seisin over the matter.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No. 4798, dated 15th April, 2021.
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………………… B.P.Routray, J.
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1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving a small quantity of ganja.
2 provisions across 2 enactments
Petitioner
State
B.P.Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
