Bench considered application for bail under Section 439 Cr.P.C. in NDPS case. Due to large quantity of ganja seized (180.4 kg) and petitioner's lack of local residence during investigation, High Court declined to grant bail at this stage.
Petitioner allowed to move lower court for interim bail post-filing of charge sheet.
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.10538 of 2022
Sher Singh
…. Petitioner
Mr. A.K. Jena, Advocate
-versus-
State of Odisha
…. Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER 17.11.2022
Order No.
01.
Page 1 of 2
consideration was during the currency of the investigation, learned Court in seisin was not inclined to entertain the prayer of the Petitioner for interim release, this Court is not inclined to release the Petitioner on bail at this stage.
(V. NARASINGH)
Judge
PKS
Page 2 of 2
3 issues framed by the court
Whether to entertain the petition for bail under Section 439 Cr.P.C. pending investigation.
Whether the petitioner is entitled to bail despite quantity of contraband seized.
Whether interim bail can be granted considering petitioner does not reside in territorial jurisdiction.
2 provisions across 2 enactments
Sher Singh
State of Odisha
V. Narasimha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
