The High Court granted bail to petitioners detained under the NDPS Act. Considering the quantity of contraband and period of detention, the court directed their release on bail subject to appearing in person and refraining from criminal activities.
Petitioners released on bail with conditions to appear in person on each date and not engage in criminal activity.
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.
BLAPL NO.2549 OF 2021
The matter is taken up by video conference mode.
The Petitioners being in custody in connection with Excise Station, Balimela P.R. No.111 of 202021 corresponding to Special 2(a) C.C. Case No.27 of 2021 on the file of learned Sessions Judge-cum-Special Judge, Malkangiri running for alleged commission of offence under section 20(b)(ii)(B) of the NDPS Act, have filed this application under section 439 of the Cr.P.C. for their release on bail.
Heard learned counsel for the Petitioners and learned counsel for the State.
Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioners as also quantity of contraband and seized with other surrounding circumstances including the period of detention of the Petitioners in custody and on going through the order passed by the learned Sessions Judge-cum-Special Judge; in the absence of any such impediment; it is directed that the Petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case with further conditions that:-
The BLAPL is accordingly disposed of.
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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.
…………………….. D. Dash, J.
Narayan
2 issues framed by the court
Whether the petitioners charged under the NDPS Act should be released on bail.
What conditions should be imposed for their release on bail.
2 provisions across 2 enactments
Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
