Single-judge order dismissing a bail application under Section 439 Cr.P.C. for an accused under the NDPS Act, refusing reconsideration due to seizure quantity and conduct, while observing the trial court should hasten proceedings.
None. Bail application dismissed.
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BLAPL NO.361 OF 2020
The matter is taken by video conferencing mode.
This is the third journey of the Petitioner who is in custody in connection with T.R. No.13 of 2013 corresponding to 2(a) C.C. Case No. 24 of 2013 on the file of learned Special judge, Deogarh 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, the conduct of the Petitioner 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 reconsider the grant of bail to the accused who is in custody under the NDPS Act.
Whether the quantity of contraband and conduct affect the bail application.
BLAPL NO.361 OF 2020
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
