In an application under S. 439 Cr.P.C. for bail in a narcotics case involving ganja transportation, the High Court allowed the petitioner's release, distinguishing his role as an accomplice/escort from the person holding the contraband.
Prayer for bail allowed; petitioner released on furnishing bail bonds of Rs.50,000/- with two solvent sureties.
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.5693 of 2021
Binath Khillo
…. Petitioner M/s. T.K. Mishra, Advocate
-versus-
State of Orissa
…. Opp. Party M/s. P.K.Patnaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY ORDER
Order No.
09.11.2022
// 2 //
that co-accused Dillip Khila standing on similar footing has already been granted bail by this Court in BLAPL No. 4364 of 2021 and the petitioner therefore, may kindly be released on bail.
// 3 //
fit and proper with further conditions that the petitioner shall not commit similar type of offence while on bail and that the petitioner shall not leave the jurisdiction of the trial Court without prior permission till conclusion of the trial and that the petitioner shall attend the trial Court on each date of posting of the case unless his attendance is dispensed with.
Kishore
( G. Satapathy)
Judge
2 issues framed by the court
Whether bail should be granted to petitioner charged with conspiracy to transport ganja in connection with case under Ss. 20(b)(ii)(C) of N.D.P.S. Act.
Whether release on bail is justified considering no contraband was recovered from petitioner despite serious commercial quantity found in case.
2 provisions across 2 enactments
Binath Khillo
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
