In proceedings under Section 439 Cr.P.C. connected to a Narcotic Drugs and Psychotropic Substances Act case, the High Court released the petitioner on bail, relying on the fact that the seized quantity was below the commercial threshold.
Petitioner released on bail on furnishing bond of Rs. 50,000 with two local solvent sureties for the like amount.
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
BLAPL No. 1888 of 2021
Firoj Alam
…. Petitioner
State of Odisha
Opp. Party
Mr. Arupananda Das, A.G.A.
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
06.04.2021
// 2 //
have been seized from the possession of the petitioner is 11 kgs. 700 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 after hearing the learned counsel for the State who has not disputed about the quantity of ganja, I am inclined to release the petitioner on bail.
The BLAPL is accordingly disposed of.
( S.K. Sahoo)
Judge
P
Page 2 of 2
1 issue framed by the court
Whether the petitioner is entitled to bail when the quantity of seized ganja is less than the commercial quantity, rendering Section 37 of the NDPS Act inapplicable.
3 provisions across 2 enactments
Firoj Alam
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
