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Bombay High CourtCRMAB/200/2018disposed of

Badal Baliarsingh, Presently At Central Jail Colvale, Thr. Umakanta Baliarsingh., v. Police Inspector, Verna Police Staiton, Verna And ANR.,

2018-07-31Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( BAIL ) NO. 200 OF 2018 BADAL BALIARSINGH, PRESENTLY AT CENTRAL JAIL COLVALE, THR.

UMAKANTA BALIARSINGH., ... Applicant

Versus

POLICE INSPECTOR, VERNA POLICE STAITON, VERNA AND ANR., ... Respondents Shri Arun De Sa, Advocate for the Applicant.

Shri S. R. Rivankar, Public Prosecutor for the State-Respondents. Coram:- NUTAN D. SARDESSAI, J.

Date:- 31st July 2018 P.C.

Heard Shri Arun Bras De Sa, learned Advocate appearing for the applicant and Shri S. R. Rivankar, learned Public Prosecutor appearing for the respondents.

2.

The applicant was allegedly found in illegal possession of 1.010 kgs of suspected ganja in the course of the raid conducted on the stated date, place and time constituting an offence punishable under Section 20(b)(ii) (B) of the NDPS Act 1985 amended by the Act of 2001. The applicant is admittedly a non-Goan being a resident of Odisha as per the statement of Shri Arun Bras De Sa, learned Advocate for the applicant. The bail has primarily been rejected by the learned Additional Sessions Judge, South Goa, Margao, on the premise that the offence committed by him is of a serious nature and as otherwise the applicant does not have permanent residence in Goa which would be possible for him to jump bail and hamper

the course of investigation.

3.

Looking into the matter and considering that the suspected ganza allegedly found in the illegal possession of the applicant is of variable quantity, i am inclined to release the applicant on bail subject to the following terms and conditions :

i) The applicant shall be released on bail upon executing a personal bond of ₹25,000/- and furnishing one local surety in the coextensive amount to the satisfaction of the learned Additional Sessions Judge.

ii) The applicant shall co-operate with the course of the investigation and not tamper with the witnesses.

iii) The applicant shall furnish the details of his mobile number and local and permanent address to the concerned Court.

iv) The applicant shall not leave the State of Goa during the course of the investigation and until the conclusion of the trial without the permission of the concerned Court.

4.

In these terms, the application stands disposed off. NUTAN D. SARDESSAI, J.

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