Hybrid application for bail under section 439 CrPC in a Narcotic Drugs case. The High Court granted bail to the petitioner, noting the seized quantity was below commercial limits and the bar under section 37 of the NDPS Act did not apply.
Petitioner released on bail on furnishing a bond of Rs. 50,000 with two local solvent sureties.
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BLAPL No. 1068 of 2021
Omkar @ Aumkar Swain @ Amkar Swain … Petitioner -Versus-
State of Odisha … Opp. party
Learned counsel for the petitioner files the certified copies of the F.I.R., statements of the witnesses and the seizure lists, which are taken on record.
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Special Case No.07 of 2021 arising out of Talsari Marine P.S. Case No.01 of 2021 pending in the Court of learned Special Judge, Balasore for offence punishable under section 21(b) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge, Balasore which was rejected on 21.01.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in custody since 08.01.2021 and the quantity of brown sugar stated to have been seized from the possession of the petitioner is 4.1 gms. which is lesser than commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and the investigation has made substantial progress and similarly situated co-accused has already
been released on bail in BLAPL No.574 of 2021 and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
…………………..…… S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether the petitioner should be released on bail considering the quantity of seized narcotics was less than the commercial quantity.
Whether the bar under section 37 of the Narcotic Drugs and Psychotropic Substances Act applies in the given circumstances.
3 provisions across 2 enactments
Omkar @ Aumkar Swain @ Amkar Swain
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
