A bail application under Cr.P.C. S. 439 was rejected as the petitioner was accused of possessing a commercial quantity of brown sugar. The court held that Section 37 of the N.D.P.S. Act bars release from custody.
Bail application stands rejected and the BLAPL is disposed of.
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.11989 of 2022
Murshid Khan @ Mursid Khan @ Juma
Petitioner
Mr. G.R. Dhal, Advocate
-versus-
…. State of Orissa Opp. Party Mr. S.R. Roul, A.S.C.
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No.
20.12.2022
// 2 //
and therefore, it is clear that the Petitioner has been falsely implicated in this case and the Petitioner having detained in custody since 18.06.2022 on false accusations may kindly be released on bail.
( G. Satapathy) Judge
Priyajit
2 issues framed by the court
Whether the petitioner is entitled to bail possession of commercial quantity of brown sugar under the N.D.P.S. Act.
Whether the petitioner satisfied the twin conditions mandated under Section 37 of N.D.P.S. Act.
4 provisions across 2 enactments
Murshid Khan @ Mursid Khan @ Juma
State of Orissa
G. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
