Second bail application of a petitioner in custody for an alleged narcotics offence under the N.D.P.S. Act was dismissed by the Special Judge, Koraput after considering submissions and seized quantity, refusing to reconsider the prior bail decision.
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BLAPL NO.410 OF 2020 BLAPL NO.5533 OF 2020
This is the second journey of the petitioner, who is in custody in connection with Koraput Excise P.R. No.17 of 2018 corresponding to T.R. Case No.28 of 2018 on the file of learned Additional District & Sessions Judge-cum-Special Judge, Koraput, running for alleged commission of offence under sections 20(b)(ii)(C) of the N.D.P.S. Act, has filed 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 submission and the nature of accusation as also the materials available concerning the role of this petitioner including the quantity of ganja seized; I am not inclined to reconsider the prayer for grant of bail to the petitioner.
Accordingly, the BLAPL stands dismissed.
Issue urgent certified copy as per rules.
………………….. D. Dash,J.
H
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1 issue framed by the court
Whether the application for bail under Section 439 Cr.P.C. under the Narcotic Drugs and Psychotropic Substances Act should be reconsidered given the amount of ganja seized and the role of the petition
Petitioner
State
D. Dash
As recorded by the court registry
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