Petitioner sought bail under Section 439 Cr.P.C. for narcotic offences involving 61.2 kg Ganja. Court rejected bail citing commercial quantity and legal precedent.
Bail application dismissed; petitioner held in custody.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6093 of 2022
Karan Verma
…. Petitioner
Mr. J.Behera , Advocate
-versus-
State of Orissa
…. Opp. Party Mr. S.S. Pradhan, AGA
CORAM: JUSTICE G. SATAPATHY
ORDER
Order No.
28.11.2022
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It is further submitted that he is inside jail custody since 25.06.2022 and no criminal antecedent is reported against him and after conclusion of investigation, charge sheet has already been submitted in this case and, therefore, no fruitful purpose would be served in detaining the petitioner in custody any further. On the aforesaid submissions, learned counsel for the petitioner prays to enlarge the petitioner on bail.
Apex Court in Narcotics Control Bureau Vrs. Mohit Agarwal; 2022 SCC Online SC 891 and further taking into consideration the fact that when the learned counsel for the State has opposed the release of the petitioner on bail, this Court considers it difficult on conspectus of materials on record at this stage of the case to record satisfaction that there are reasonable grounds for believing that the accused is not guilty of such offence involving commercial quantity of contraband Ganja and he is unlikely to commit offence while on bail, this Court,
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therefore, does not feel it proper to grant bail to the petitioner.
kishore
1 issue framed by the court
Whether bail should be granted to the petitioner accused of transporting commercial quantity of contraband Ganja under Section 20 of the N.D.P.S. Act.
Colour shows how this judgement treated each authority
3 provisions across 2 enactments
Karan Verma
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G. Satapathy
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