Khara Balaram @ K. Balaram v. State of Odisha
Case brief
What is this about?
In a bail application u/s 439 Cr.P.C. regarding possession of 1715 kgs. of Ganja, the Court rejected the prayer, holding that Section 37 of the NDPS Act bars release due to the commercial quantity of contraband and noting that prior bail orders for co-accused do not override this statutory bar.
What did the court decide?
Bail application stands rejected; petitioner is at liberty to renew prayer after examination of the informant.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11437 of 2021
Khara Balaram @ K.Balaram …. Petitioner M/s.R.L.Patnaik , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.P.K.Patnaik, A.G.A.
CORAM:
Order No.
JUSTICE G. SATAPATHY ORDER 27.10.2022
- This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
- Mr.Rajib Lochan Patnaik and associates, learned counsels enter appearance for the petitioner. The name of Mr.Jugal Kishore Panda, learned counsel be deleted from the brief as submitted by learned counsel appearing earlier for the petitioner.
Issues for consideration
2 issues framed by the court
Whether bail shall be granted to the petitioner accused of possessing commercial quantity of contraband Ganja under Sections 20(b)(ii)(C) and 25 of the NDPS Act.
Whether the grant of bail to co-accused persons bars the operation of Section 37 of the NDPS Act regarding the present petitioner.
Parties & counsel
- petitioner
Khara Balaram @ K.Balaram
- respondent
State of Orissa
Coram
G. SATAPATHY
Case details
As recorded by the court registry
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