Two bail petitions challenging rejection of bail under section 439 Cr.P.C. in a narcotics case involving 26 kgs of ganja. The court upheld the bar under section 37 N.D.P.S. Act due to commercial quantity and rejected both applications.
Rejects two bail applications filed under section 439 Cr.P.C. against petitioners accused of commercial quantity of narcotics.
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BLAPL No. 2991 of 2020
BLAPL No. 2991 of 2020
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
Heard learned counsel for the petitioners and the learned counsel for the State.
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.
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.
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,
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.
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.
Accordingly, both the bail applications are rejected.
…………………..…… S.K. Sahoo, J.
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2 issues framed by the court
Whether bail should be granted to petitioners accused of possessing commercial quantity of ganja under the N.D.P.S. Act.
Whether the bar under section 37 of the N.D.P.S. Act precludes bail when the total seized quantity is 26 kgs.
3 provisions across 2 enactments
Prasant Bagh
Deepak Kumar Nath
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
