Allowed

Somanath Pradhan v. State of Odisha

Orissa HC17 Apr 2019BLAPL/3289/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. in a narcotic drugs case. Finding the seized ganja from the petitioner's individual possession was below commercial quantity, the Court held the statutory bar under Section 37 N.D.P.S. did not apply and ordered the petitioner's release on bail.

What did the court decide?

Order: Petitioner released on bail by furnishing a bond of Rs. 20,000/- with two solvent sureties each for the like amount.

Somanath Pradhan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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BLAPL No. 3289 of 2019

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02. 17.04.2019

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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. in connection with Boudh P.S. Case No. 53 of 2019 corresponding to C.T. Case No.167 of 2019 pending in the file of learned Sessions Judge -cum- Special Judge, Boudh for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Special Judge, Boudh, which was rejected on 19.03.2019.

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Learned counsel for the petitioner submitted that from the individual possession of the petitioner and co-accused Bideshi Suna 11 kg. 250 grams of ganja was seized and from another co-accused namely Kailash Kudei 11 kg. 250 grams was seized and two separate seizure lists were prepared but the Investigating Officer has added the quantity seized from the different accused persons to make it commercial quantity just to create a bar under Section 37 of the N.D.P.S. Act and since the quantity of ganja seized from the individual possession of the petitioner is lesser than commercial quantity, the bar under Section 37 of the N.D.P.S. Act is not applicable and therefore, the petitioner’s bail application may be favourably considered. He placed the seizure list copies which are annexed to the bail application.

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Learned counsel for the State opposed the prayer for

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bail.

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Considering the submissions made by the learned

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counsel for the respective parties, the nature of accusation against the petitioner, the quantity of ganja seized from the individual possession of the petitioner as per the seizure list, absence of bar under Section 37 of the N.D.P.S. Act for such quantity and taking into account the period of detention of the petitioner in jail custody as well as progress of investigation, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a 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 conditions as the learned court may deem just and proper.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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��..�� S.K.Sahoo,J.

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RKM

Somanath Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Somanath Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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