NURBANU BIBI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) IN this application under Section 439 cr. P. C. the petitioner has renewed her prayer to be released on bail in Special Case no. 46 of 2007 of the Court of learned special Judge-cum-Sessions Judge. Balasore arising out of Balasore Town P. S. Case no. 529 (4) of 2007. The petitioner stands charge-sheeted for commission of offence under Section 21 of the N. D. P. S. Act.

(3.) EARLIER application for bail preferred by the petitioner in BLAPL No. 4017 of 2008 was rejected upon reference to conditions contained under Section 37 of the N. D. P. S. Act, Referring to chemical examination report, it was submitted by the learned counsel for the petitioner that sample quantity weighing one gram out of the allegedly seized total quantity of 22. 060 grams contraband was found to contain Diacetylmor-phine i. e. Heroin and the strength of the same was found to be 5. 2% only. On the basis of such submission it was argued that at the worst the petitioner may be accused to be in possession, of approximately 1. 15 grams of Diacetylmorphine which is much below prescribed commercial quantity. As per the notification 5 grams of Diacetylmor-phine i. e. Heroin amounts to small quantity. It was contended that in view of the chemical examination report, the bar contained under Section 37 of the N. D. P. S. Act is not attracted while dealing with the petitioner's bail application. It was further submitted that the petitioner is an elderly woman who is languishing in jail for more than a year. Investigation having already been completed there is no scope for tampering with evidence. Also there is no apprehension from any quarters that the petitioner may abscond, if released on bail nor it is alleged that the petitioner is involved in any case of similar nature.