The High Court rejected the petitioner's application for anticipatory bail under section 438 Cr.P.C. in an NDPS case. The court directed the petitioner to surrender within two weeks to seek bail, noting the quantity of seized ganja.
Application dismissed; petitioner directed to surrender within two weeks to seek bail.
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ABLAPL No.463 of 2020
Chitta @ Chitta Ranjan Das �� Petitioner -VersusState of Odisha �� Opp. Party
03. 13.07.2020
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with 2(a) C.C. No.1 of 2019 pending before the Court of the learned Special Judge, Mayurbhanj for the commission of the alleged offence punishable under section 20(b)(ii)(B) read with section 25 of the N.D.P.S. Act.
Learned counsel for the petitioner submitted that one of the co-accused has already been released on bail and in view of the quantity of ganja seized, the bar under section 37 of the N.D.P.S Act is not be applicable and therefore, the anticipatory bail application may be favourably considered.
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Since it is a case under N.D.P.S. Act, I am not inclined to grant anticipatory bail to the petitioner. In case the petitioner surrenders before the learned Court below within a period of two weeks and moves for bail, the same shall be disposed of expeditiously considering the claim of parity as well as non-applicability of bar under section 37 of the N.D.P.S Act in accordance with law.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
S.K. Sahoo, J.
2
1 issue framed by the court
Whether anticipatory bail is maintainable in a case under the N.D.P.S. Act where the bar under section 37 is not applicable?
3 provisions across 2 enactments
Chitta @ Chitta Ranjan Das
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
