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Himansu Kumbhar v. State of Orissa

Orissa HC2 Aug 2016BLAPL/4688/2016

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for offences under the NDPS Act, the Special Judge granted bail to the petitioners. The Court held that the seized quantity did not attract commercial quantity bar under Section 37, considering substantial investigation progress and detention period.

What did the court decide?

Petitioners released on bail on furnishing bond of Rs. 20,000/- each with two solvent sureties each for like amount.

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioners in connection with Baunsuni P.S. Case No. 71 of 2016 corresponding to C.T. Case No. 407 of 201 6 pending in the Court of learned Sessions Judge-Cum-Special Judge, Boudh for offence punishab le under section 20(b) (ii)(B)of the N.D.P.S. Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 2.7.2016 and in the meantime, the investigation has made substantial progress. He further sub mits that it is the prosecution case that the quantity of Ganja stated to have been seized fro m the possession of the petitioners is 6 kgs.100 grams which is lesser than the commercial qua ntity and as such the bar under section 37 of the NDPS Act is not applicable for grant of bail and therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State placed the rejection order which indicates that from the possession of the petitioners 6 kgs.100 grams of ganja was seized. Considering the submissions made by the learned counsels for the respective parties , nature of accusation

against the petitioners, the quantity of Ganja stated to have been seized from the possession of the petitioners, absence of bar under section 37 of the N.D.P.S. Act for such quantity, sub stantial progress of investigation and taking into account the period of detention of the peti tioners in judicial custody, I am of the opinion that it is a fit case for grant of bail. Let the petitioners be released on bail in the aforesaid case on furnishing bail bo nd of Rs. 20,000/-(Rupees twenty thousand) each with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms a nd conditions as the learned Court may deem just and proper.

Himansu Kumbhar v. State of Orissa

Case brief

What is this about?

What did the court decide?

Himansu Kumbhar v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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