AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 348 wordsS.S. Mishra, J
The petitioners are the accused in connection Boudh P.S. Case No.33 of 2024 corresponding to Special Case (NDPS) No.9 of 2024 for the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of learned Special Judge, Boudh.
The allegation in the F.I.R. is that on 21.01.2024, the I.I.C. of Boudh Police Station received credible information from the reliable source that two persons are transporting the contraband ganja in a red colour motor cycle from Burugora side to Furuda side. Thereafter, the I.I.C. along with other staff proceeded to the spot and found that the said motor cycle was coming from village Burugora side and one jerry bag was kept on the pillion rider. Then they detained the accused and on search they seized 21 Kgs and 200 grams of contraband ganja. On being asked, they did not produce any documentary proof. Therefore, they were arrested.
The petitioners had approached the learned Special Judge, Boudh praying for grant of bail. The learned Court below vide its order dated 08.02.2024 has rejected the bail application of the petitioners. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioners submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 21.01.2024, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioners on bail.
Hence, the petitioners be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to further condition which as follows:
(i) The petitioners shall not tamper with the evidence in any manner whatsoever and
(ii) Subject to verification of similar type of antecedents of the petitioners.
Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners.
The BLAPL is accordingly disposed of...
.....………………………….