Allowed

Jayakrushna Sahu v. State of Odisha

Orissa HC20 Jul 2018BLAPL/4586/2018

Case brief

AI extract

What is this about?

This order grants bail to a petitioner accused under the NDPS Act for possession of 2.050 kgs of ganja. The court held that Section 37's bar does not apply as the quantity is below the commercial threshold, making it a fit case for bail on furnishing a bond.

What did the court decide?

The petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties and complying with further terms.

Jayakrushna Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2018)

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BLAPL No. 4586 of 2018

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2 20.07.2018 Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Inspector of Excise, Sadar Range, Angul P.R. No. 16 of 2018 corresponding to Special (NDPS) Case No. 06 of 2018 pending in the Court of learned Special Judge, Rourkela for offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act.

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The petitioner moved an application for bail before the learned Judge, Special Court, Angul which was rejected on 27.06.2018.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 25.06.2018 and it is the prosecution case that the quantity of Ganja stated to have been seized from the possession of the petitioner is 2 kgs. 050 grams ganja which is lesser than the commercial quantity 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 petitioner may be favourably considered.

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Learned counsel for the State does not dispute regarding the quantity of Ganja stated to have been seized from the possession of the petitioner.

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Considering the submissions made by the learned counsels for the respective parties, nature of accusation against the petitioner, quantity of ganja seized, absence of bar under section 37 of the N.D.P.S. Act for

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such quantity and taking into account the period of detention of the petitioner in judicial custody, I am of the opinion that it is a fit case for grant of bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs. 20,000/(Rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

………………….

S.K.Sahoo, J.

Jayakrushna Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayakrushna Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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