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Judgment
10 paragraphs · 248 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Kabisuryanagar P.S. Case No.168 of 2023 corresponding to G.R. Case No.01 of 2023(N) pending in the Court of learned Additional Sessions Judge, Kodala for alleged commission of offences under sections 20(b)(ii)(B)/29 of the N.D.P.S. Act.
The petitioners moved an application for bail before the Court of learned Special Judge -cum-Additional Sessions Judge, Kodala, which was rejected on 15.03.2023.
Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 14.03.2023 and the quantity of ganja stated to have been seized from the possession of the petitioners is 13.250 kilograms which is lesser than the commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioners on bail.
Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
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