The High Court granted bail to the petitioner charged under the NDPS Act, considering the quantity of contraband, the stage of investigation, and the release of a co-accused, subject to specific conditions.
Petitioner released on bail subject to conditions including furnishing address, appearing at police station weekly, and appearing in court.
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.3890 of 2021
Kedar Singh
…. Petitioner
Mr. P.Ku. Nayak, Advocate
-versus-
State of Odisha
…. Opposite Party Miss Samapika Mishra, ASC
CORAM:
MR. JUSTICE D.DASH ORDER 17.09.2021
Order No.
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intercepted, there has been recovery of 66.900 kgs of ganja kept in four packets. He also submits that as per the FIR version, the accused has been the victim of the circumstance when he has no knowledge about the keeping and transportation of ganja in the said vehicle. It is his submission that on the basis of the above materials projected by the prosecution, the knowledge of this Petitioner as a mere traveller as to the keeping of ganja is also not readily inferable. He also submits that in the meantime coaccused Mahesh Kumar has been released on bail by order dated 9.9.2021 passed by this Court in BLAPL No. 3864 of 2021 . In view of all these above, he urges for grant of bail to the Petitioner.
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seisin of the case with further condition that that he shall furnish his present address along with the contact mobile numbers by way of affidavit and in case of any change, shall intimate the same in that way; shall appear before the Inspector-in-Charge of Shergarh police station in the district of Mathura in Uttar Pradesh every Sunday in between 10.00 am to 2.00 pm for a period of next one year; and shall appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial except under some exceptional circumstance to the satisfaction of the court.
Violation of any of the above condition(s) shall entail cancellation of bail.
Aks
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2 issues framed by the court
Whether bail should be granted to the petitioner charged with an offence under the NDPS Act.
Whether the quantity of contraband and stage of investigation preclude bail.
2 provisions across 2 enactments
Kedar Singh
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
