The petitioner, facing charges of dacoity and offences under the N.D.P.S. Act involving commercial quantity, sought pre-arrest bail. The court held that given the heinous nature of the charge and statutory restrictions on bail for N.D.P.S. offences, the petition was devoid of merit.
Pre-arrest bail petition dismissed.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2916 of 2021
Papu @ Sandeep Digal @ Sandip Digal
…. Petitioner
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S.PUJAHARI
Order No.
ORDER 16.08.2021
Page 1 of 3
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showing his involvement in the aforesaid offences. The offence alleged is an offence of serious one. The Punishment provided for the offence alleged is stringent and as such, the petitioner has no case for his release on pre-arrest bail. Section 37(1) of the N.D.P.S. Act also mandates that when a person is accused of an offence involving commercial quantity of Narcotic Drugs and Psychotropic Substance seeks bail, he should not be released on bail without the Public Prosecutor being given a chance to object his prayer for bail and if the Public Prosecutor makes objection to such prayer, without the Court recording its satisfaction that there are reasonable grounds for believing that he is not guilty of the offence alleged and he is not likely to commit such offence, if released on bail.
Page 2 of 3
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RKS
Page 3 of 3
1 issue framed by the court
Whether the petitioner is entitled to release on pre-arrest bail in a case involving commercial quantity of narcotic drugs and psychotropic substances.
3 provisions across 2 enactments
Papu @ Sandeep Digal @ Sandip Digal
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
