Dismissed

Deepak Kumar Nath v. State of Odisha

Orissa HC24 Nov 2020BLAPL/2990/2020

Case brief

AI extract

What is this about?

The High Court rejected two jointly heard bail applications filed by Prasant Bagh and Deepak Kumar Nath. The court held that since the total seized quantity of ganja (26 kgs) was a commercial quantity, the bar under section 37 of the N.D.P.S. Act applied, and bail could not be granted.

What did the court decide?

Bail applications rejected; petitioners not released on bail due to commercial quantity bar under Section 37 NDPS Act.

Deepak Kumar Nath Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2020)

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BLAPL No. 2991 of 2020

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BLAPL No. 2991 of 2020

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Prasant Bagh ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party And BLAPL No.2990 of 2020 Deepak Kumar Nath …..… Petitioner -Vrs.- State of Orissa ……… Opp. Party

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24.11.2020 These cases are taken up through Video Conferencing.

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Heard learned counsel for the petitioners and the learned counsel for the State.

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Since both the bail applications under section 439 of Cr.P.C. arise out of the same case i.e. 2(a)C.C. No.07 of 2020 pending in the Court of learned Special Judge –cumSessions Judge, Cuttack for commission of offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act, with the consent of parties, those are heard analogously and disposed of by this common order.

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Both the petitioners moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, Cuttack which was rejected on 19.03.2020.

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Learned counsel for the petitioners submits that the petitioners were moving on a Activa scooty and two bags each containing thirteen kgs. of contraband ganja were seized from the possession of the petitioners and therefore,

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the quantity of ganja of each bag should not have been added to make it a commercial quantity and even if it is accepted for the sake of argument that each of the bag was having 13 Kgs. of ganja in it and any of those belong to any petitioner, then the bar under section 37 of the N.D.P.S. Act is not applicable.

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Perused the rejection order of the learned Court below. Considering the submission of the learned counsel for the respective parties, since both the petitions were moving in one vehicle and the total quantity of ganja seized from their possession is 26 kgs. which comes within the commercial quantity, in view of the bar under section 37 of the N.D.P.S. Act, I am not inclined to release the petitioners on bail.

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Accordingly, both the bail applications are rejected.

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…………………..…… S.K. Sahoo, J.

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Deepak Kumar Nath v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deepak Kumar Nath v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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