Allowed

Manish Kumar v. State of Odisha

Orissa HC6 Apr 2021BLAPL/1884/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to two petitioners in a narcotics case. The court held that the quantity of seized ganja (7 kgs) was not a commercial quantity, making Section 37 of the NDPS Act inapplicable, and ordered their release on bail upon furnishing a bond.

What did the court decide?

Petitioners released on bail by furnishing a bond of Rs. 50,000 each with two local solvent sureties.

Manish Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1884 of 2021

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1. Manish Kumar

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2. Dhirendra Ray

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…. Petitioners

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Mr. S.K. Rout, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. A.N. Das, Addl. Government Advocate

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

06.04.2021

This matter is taken up by video conferencing mode. 2. Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.06 of 2021 arising out of P.R. Case No.173 of 2020-21 of Rayagada Sadar Excise Station pending in the Court of learned Sessions Judge, Rayagada for offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act.

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The petitioners moved an application for bail before the Court of learned Special Judge, Rayagada which was rejected on 25.02.2021.

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Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 12.02.2021 and that the quantity of

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// 2 //

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contraband ganja stated to have been seized from the possession of the petitioners is 7 kgs. which is lesser than the 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 after hearing the learned counsel for the State, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.

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The BLAPL is accordingly disposed of.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.

( S.K. Sahoo)

Judge

RKM

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Manish Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manish Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

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