Disposed

Sarat Kumar Srichandan v. State of Odisha

Orissa HC10 Sept 2020ABLAPL/7418/2020

Case brief

AI extract

What is this about?

In this application for anticipatory bail, the court held that a commercial quantity of ganja seized creates a bar under section 37 of the N.D.P.S. Act. The court directed the petitioner to surrender and file a regular bail application within two weeks for consideration.

What did the court decide?

Direction to surrender within two weeks and file a regular bail application for disposal on merits.

Sarat Kumar Srichandan Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2020)

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ABLAPL No. 7418 of 2020

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SARAT KUMAR SRICHANDAN … PETITIONER

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-VERSUS- STATE OF ODISHA ... OPP. PARTY

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10.09.2020 The matter is taken up through Video Conferencing.

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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 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No. T.R. No.05 of 2020 arising out of District Mobile Khordha P.R. No.160 of 2019-2020 pending before the Court of the learned 1^st Addl. Sessions Judge -cum- Special Judge, N.D.P.S. Act, Khordha for the commission of the alleged offences punishable under sections 20(b)(ii)(C), 25 and 29 of the N.D.P.S. Act.

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Learned counsel for the petitioner submitted that the petitioner was not present in the vehicle, which was seized along with contraband ganja and the petitioner has been implicated falsely only because, he is the owner of the vehicle in question. He further submitted that in absence of any knowledge of the petitioner relating to transportation of contraband ganja in his vehicle, it cannot be said that the ingredients of the offences are made out.

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Learned counsel for the State on the other hand opposed the prayer for bail and submitted that

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commercial quantity of ganja has been seized and there is a bar under section 37 of the N.D.P.S. Act to grant anticipatory bail.

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Considering the submissions made by the learned counsel for the respective parties, while not inclining to release the petitioner on anticipatory bail, I direct that in the event the petitioner surrenders in the Court below within a period of two weeks and files an application for bail raising all the points, which have been raised in this application, the same shall be considered in accordance with law and disposed of expeditiously. The case records shall be made available before the Courts below.

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The ABLAPL 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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PKSahoo

Sarat Kumar Srichandan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sarat Kumar Srichandan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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