Single judge order granting bail to petitioner accused of cultivating cannabis plants under Section 20(b) of N.D.P.S. Act. Court held Section 37 bar not attracted and no reasonable apprehension of absconding.
Petitioner released on bail in Nimapara P.S. Case No.239 of 2019/Special G.R. Case No.132 of 2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.8454 of 2019
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
The petitioner- Ajaya Dash @ Ajaya Kumar Dash is in custody for alleged commission of offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the N.D.P.S. Act” for brevity) in Special G.R. Case No.132 of 2019 of the court of the learned Additional Sessions Judge-cum- Special Judge, Nimapara, arising out of Nimapara P.S. Case No.239 of 2019.
In this case, the allegation against the petitioner is that there are three cannabis plants in the backyard of the house of the petitioner. The bar under Section 37 of the N.D.P.S. is not attracted in this case. Moreover, the petitioner is a permanent resident of village- Sudhabarimula, Patharabada, P.S.- Nimapara, in the district of Puri. Hence, there is no reasonable apprehension of his abscondance from the process of justice. Moreover, from the rejection order dated 25.09.2019 passed by the learned Additional Sessions Judge-cum-Special Judge, Nimapara, it is not clear that any previous criminal case is pending against the petitioner.
In that view of the matter, the application for bail of the petitioner is allowed. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned Additional Sessions Judge-cumSpecial Judge, Nimapara.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S. K. Mishra, J.
2 issues framed by the court
Whether the application for bail under Section 20(b) of the N.D.P.S. Act should be granted.
Whether the bar under Section 37 of the N.D.P.S. Act is attracted in the present case involving cultivation of cannabis plants.
2 provisions across 2 enactments
Ajaya Dash @ Ajaya Kumar Dash
State of Odisha
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
